28 Iowa 551 | Iowa | 1870
In common acceptation, direct or positive evidence is that which is communicated by one who has actual knowledge of the fact; in other words, it is that which, if be
Now the rule should be adhered to with the utmost and strictest tenacity, that the facts forming the basis of the offense, or corpus delicti, must be proved, either by direct testimony or by presumptive evidence of the most cogent or irresistible kind. In one of these methods the essential fact or facts must be established beyond a reasonable doubt. But if thus established, or if the jury can be and are satisfied of such facts beyond this reasonable doubt, it matters not whether they are conducted to this result by direct or presumptive evidence. In other words, while the proof should be clear and distinct, it is not necessary that it should be direct and positive. Eor while that which is direct might be more satisfactory — less liable to deceive and mislead • — ■ this goes to its weight or effect, and by no means establishes that in no other way can the essential facts be shown with the requisite distinctness and clearness. The case in 2 Hale, P. 0. (so far as we can judge from the record before us in this) was not very dissimilar in its facts, and the fact of the death (though the body was not found) was left to the jury. The prisoner was convicted and executed. American Criminal Law, 14:5. So we conclude (while we would by no means relax long and well established rules upon this subject),
Having thus, as required by statute (Rev. 4926), given an exposition of the law, no further order is necessary or allowable.