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Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

Something in controversy or which may be the subject of controversy.

Mc Farlane v. Clark, 39 Mich. 45, 33 Am. Rep. 346.

A means sometimes employed, In some countries, by torture, to compel supposed great criminals to disclose their accomplice^ or to acknowledge their crimes. This torture is called question because, as the unfortunate person accused Is made to suffer pain, he is asked questions as to his supposed crime or accomplices. This is unknown in the United States. See Potliier, Procedure Criminelle, sect.

5, art. 2, § 3. See 4 Bla. Com. 325.

In Evidence. An interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. Questions are either general or leading. By a general question is meant such a one as requires the witness to state all he knows, without any suggestion being made to him; as, Who gave the blow 1 A leading question is one which leads the mind of the witness to the answer, or suggests it to him; as, Did A B give the blow ? rogator expected or wished to find asserted in and by the answer was made known to the proposed respondent, a suggestive interrogation: as, Is not your name A B1 See Leading Question. In Practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury. When the doubt or difference arises as to what the law is on a certain state of facts, this Is said to be a legal question; and when the party demurs, this is to be decided by the court; when it arises as to the truth or falsehood of facts, this is a question of fact, and is to be decided by the jury. See Jury. Proof beyond reasonable question is held synonymous with proof beyond reasonable doubt; Ilarding v. Long, 103 N. C. 1, 9 S. E. 445, 14 Am. St. Rep. 775.