The statement in the date of the letter is admissible, because, if A were dead,
it would be admissible under Article 46 paragraph (2).
(d) A is accused of receiving stolen goods knowning them to be stolen.
He offers to prove that he refused to sell them below their value.
A may prove these statements, though they are admissons, because they are
explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit coin which
he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine the coin as he
doubted whether it was counterfeit or not, and that that person did examine it
and told him it was genuine.
A may prove these facts for the reasons stated in the last preceding
illustration.
35. When oral admissions as to contents of documents are relevant. Oral
admissions as to the contents of a document are not relevant, unless and until the party
proposing to prove them shows that he is entitled to give secondary evidence of the
contents of such document under the rules hereinafter contained, or unless the
genuineness of a document produced is in question.
36. Admissions in civil cases when relevant. In civil cases no admission is relevant
if it is made either upon an express condition that evidence of it is not to be given, or
under circumstances from which the Court can infer that the parties agreed
together that evidence of it should not be given.
Explanation.__ Nothing in this Article shall be taken to exempt any advocate from
giving evidence of any matter of which he may be compelled to give evidence under
Article 9.
37. Confession caused by inducement, threat or promise, when irrelevant in
criminal proceeding. A confession made by an accused person is irrelevant in a
criminal proceeding, if the making of the confession appears to the Court to have been
caused by any inducement, threat or promise having reference to the charge against the
accused person, proceeding from a person in authority and sufficient, in the opinion of
the Court, to give the accused person grounds which would appear to him reasonable,
for supposing that by making it he would gain any advantage or avoid any evil of�� a
temporal nature in reference to the proceedings against him.
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