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The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In Old Criminal Law. A means sometimes employed in some countries, by torture, to compel supposed great criminals to disclose their accomplices 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 Poth. Proc. Crim. sec.

5, art. 2, § 3. ——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?" 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?" The Romans called -a question by which the fact or supposed fact which the interrogator 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. B.? ' 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 detion of fact," and is to be decided by the jury.