R v Tolson
¬†(1864) 4 F & F 103, 176 ER 488
Judgment Date: circa 1864
Catchwords & Digest
CRIMINAL LAW, EVIDENCE AND PROCEDURE – EVIDENCE – METHOD OF PROOF – IDENTIFICATION – BY PHOTOGRAPH — IN GENERAL
On an indictment for bigamy, a photographic likeness of the first husband allowed to be shown the witnesses present at the first marriage, in order to prove his identity with the person mentioned in the marriage certificate.
The photograph was admissible because it is only a visible representation of the image or impression made upon the minds of the witnesses by the sight of the person or the object it represents; and, therefore is, in reality, only another species of the evidence which persons give of identity, when they speak merely from memory (Willes, J).
Cases referring to this case
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|Distinguished||B (a minor) v DPP|| 4 All ER 265,¬†  3 WLR 116,¬†  1 Cr App Rep 163||QBD||31/07/1998||CaseSearch Entry|
|Applied||R v Cook|| QB 417,¬†  1 All ER 1049,¬†  2 WLR 775,¬† 84 Cr App Rep 369,¬†  Crim LR 402,¬† 131 Sol Jo 21,¬†  LS Gaz R 339||CACrimD||01/12/1986||CaseSearch Entry|