Definition of IDENTITY


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; Foder, 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 Mdicine Lgale, 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.

Source: Bouviers Law Dictionary 1856 Edition

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