R v Tolson

R v Tolson

 (1864) 4 F & F 103, 176 ER 488

 

Court: NP

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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Treatment	Case Name	Citations	Court	Date	CaseSearch
Distinguished	B (a minor) v DPP	[1998] 4 All ER 265,  [1999] 3 WLR 116,  [1999] 1 Cr App Rep 163	QBD	31/07/1998	CaseSearch Entry
Applied	R v Cook	[1987] QB 417,  [1987] 1 All ER 1049,  [1987] 2 WLR 775,  84 Cr App Rep 369,  [1987] Crim LR 402,  131 Sol Jo 21,  [1987] LS Gaz R 339	CACrimD	01/12/1986	CaseSearch Entry

 

Document information

 

Court

Nisi Prius

Judgment date

circa 1864