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EVIDENCE, CIRCUMSTANTIAL. The proof of facts which usually attend other facts sought to be, proved; that which is not direct evidence. For example, when a witness testifies that a man was stabbed with a knife, and that a piece of the blade was found in the wound, and it is found to fit exactly with another part of the blade found in the possession of the prisoner; the facts are directly attested, but they only prove circumstances, and hence this is called circumstantial evidence.
     2. Circumstantial evidence is of two kinds, namely, certain and uncertain. It is certain when the conclusion in question necessarily follows as, where a man had received a mortal wound, and it was found that the impression of a bloody left hand had been made on the left arm of the deceased, it was certain some other person than the deceased must have made such mark. 14 How. St. Tr. 1324. But it is uncertain whether the death was caused by suicide or by murder, and whether the mark of the bloody hand was made by the assassin, or by a friendly hand that came too late to the relief of the deceased. Id. Vide Circumstances.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
(9) Weststeijn (1989) provides an early approach to the description of what he calls "lyric sujet" mainly pointing out the specifically poetic features of plot, namely the tendencies to generality, the reduction of circumstantiality and the preference for mental developments.
Suggesting even more broadly that the transnational is "a critical frame that deliberately recognizes the circumstantiality of knowledge," Chuh thus conjoins it to a critique of both academic disciplines and interdisciplinary studies as circumstantial knowledges.
Circumstantiality, verisimilitude, and many more of the qualities which we recognize as identifying characteristics of realism in narrative are all natural functions of the eye-witness point of view.
always incorporated speaking and writing, reading and telling, and accepted as inevitable not the separation between speech and writing, not the disjunction between a text and its circumstantiality, but rather their necessary interplay.
In his version, translated in Switzerland from English for Russian readers in 1833, Zukovskij has carefully, deliberately, and firmly placed the ballad in the waning Russian Ossianic "tradition." Where Campbell has provided authenticity through circumstantiality, Zukovskij has achieved it through association with Ossianic myth.
Subsequently, "circumstantiality" is the third method to which Borges refers.
The concept of "worldliness" for Said was a profound understanding of circumstantiality (materiality) and the role of what Marx refers to as "sensuous" human activity in interpretation.
Silva-Corvalan found that three contextual features, frame of reference, circumstantiality, and susceptibility to change, provided the means through which language loss across three generations of speakers could be characterized.
When Doctor Leete explains this incredible series of events, West is struck by "the circumstantiality of this narrative" and finds it hard to believe (54).
If, as Michael McKeon has observed, "the distinctive feature of novelistic narrative is its internalization or thematization of formal problems on the level of content,"(11) it might be argued that novelistic narrative thematizes generic tendencies as well, including a propensity to follow a fascination with circumstantiality to largely uncharted places: the streets of London during time of plague, women's closets, remote islands, Surinam, Virginia.(12) Because these curiosity-driven plots have their impetus in the activities of the inquiring/desiring mind (of the narrator, a character, the reader), their tendency is to test socially sanctioned categories at the same time as they press outward against received literary boundaries.
Younger children with AD/HD may exhibit delayed speech and language development.19 The physician may note that school-aged children with AD/HD exhibit a mild degree of tangentiality or circumstantiality in their verbal expression.
He was ready to face up to or face down, in all their grainy circumstantiality, whatever excited his moral or intellectual passion.