Identity

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IDENTITY, evidence. Sameness.
     2. It is frequently necessary to identify persons and things. In criminal prosecutions, and in actions for torts and on contracts, it is required to be proved that the defendants have in criminal actions, and for injuries, been guilty of the crime or injury charged; and in an action on a contract, that the defendant was a party to it. Sometimes, too, a party who has been absent, and who appears to claim an inheritance, must prove his identity and, not unfrequently, the body of a person which has been found dead must be identified: cases occur when the body is much disfigured, and, at other times, there is nothing left but the skeleton. Cases of considerable difficulty arise, in consequence of the omission to take particular notice; 2 Stark. Car. 239 Ryan's Med. Jur. 301; and in consequence of the great resemblance of two persons. 1 Hall's Am. Law Journ. 70; 1 Beck's Med. Jur. 509; 1 Paris, Med. Jur, 222; 3 Id. 143; Trail. Med. Jur. 33; Fodere, Med. Leg. ch. 2, tome 1, p. 78-139.
     3. In cases of larceny, trover, replevin, and the like, the things in dispute must always be identified. Vide 4 Bl. Com. 396.
     4. M. Briand, in his Manuel Complet de Medicine Legale, 4eme partie, ch. 1, gives rules for the discovery of particular marks, which an individual may have had, and also the true color of the hair, although it may have been artificially colored. He also gives some rules for the purpose of discovering, from the appearance of a skeleton, the sex, the age, and the height of the person when living, which he illustrates by various examples. See, generally, 6 C. & P 677; 1 C. & M. 730; 3 Tyr. 806; Shelf. on Mar. & Div. 226; 1 Hagg. Cons. R. 189; Best on Pres. Appx. case 4; Wills on Circums. Ev. 143, et seq.

References in periodicals archive ?
We are told that Spain has identity cards and that it did not prevent the horrific Madrid train bombs.
She said during their recent field visits to some villages in the Okavango district, they found that some families were still in possession of identity cards of deceased persons and their deaths were not reported.
A 3 members bench of SC presided over by Chief Justice of Pakistan (CJP) Mian Saqib Nisar took up the case regarding change in issuance fee of identity cards of overseas Pakistanis for hearing here on Monday.
INPDP president also warned against "the only recourse to the number of the national identity card" because it is "an ambiguous formula subject to interpretation by considering the number as the unique identifier."
In an interview with the Yemen Times, Al-Masajedi said there is no favoritism shown when distributing identity cards and passports to Yemeni citizens.
The director of information systems development 's Directorate at the Central Information and Communication Organization, Nazeeh Al Jooder said that the development process of the unified identity card reader programme for the GCC Identity Cards passed through several steps.
The suspect confessed that an unidentified Cypriot had given him the identity card. Upon searching his luggage police found his real passport and the official Cyprus Football Association registry card of an unnamed English football player.
Sinan Isik, a Turkish national, appealed in 2005 to the ECHR after Turkish courts refused to record "Alevi" in the religion section of his identity card.
The police also verified the signature of ministry officials on the identity card. " Two officers -- section officer M.
This gives us some idea of the level of chaos we can expect when the identity card scheme is rolled out.
Dear Editor, - On May 17, 2005 I wrote to my Member of Parliament, Bruce George (Labour, Walsall South), raising a number of questions germane to the introduction of a national identity card, compulsory or voluntary.