14.
Facts showing existence of state of mind, or of body or bodily
feeling.- Facts showing the existence of any state
of mind, such as intention, knowledge, good faith, negligence,
rashness, ill-will or good-will towards any particular person,
or showing the existence of any state of body or bodily feeling,
are relevant, when the existence of any such state of mind
or body or bodily feeling, is in issue or relevant.
Explanation 1.-A fact relevant as showing the existence of
a relevant state of mind must show that the state of mind
exists, not generally, but in reference to the particular
matter in question.
Explanation 2.-But where, upon the trial
of a person accused of an offence, the previous commission
by the accused of an offence is relevant within the meaning
of this section, the previous conviction of such person shall
also be a relevant fact.
Illustrations
(a) A is accused of receiving stolen goods
knowing them to be stolen. It is proved that he was in possession
of a particular stolen article.
The fact that, at the same time, he was
in possession of many other stolen articles is relevant, as
tending to show that he knew each and all of the articles
of which he was in possession, to be stolen.
(b) A is accused of fraudulently delivering
to another person a counterfeit coin which, at the time when
he delivered it, he knew to be counterfeit.
The fact that, at the time of its delivery,
A was possessed of a number of other pieces of counterfeit
coin is relevant.
The fact that A had been previously convicted
of delivering to another person as genuine a counterfeit coin
knowing it to be counterfeit is relevant.
(c) A sues B for damage done by a dog of
B's which B knew to be ferocious.
The facts that the dog had previously bitten
X, Y, and Z, and that they had made complaints to B, are relevant.
(d) The question is whether A, the acceptor
of a bill of exchange, knew that the name of the payee was
fictitious.
The fact that A had accepted other bills
drawn in the same manner before they could have been transmitted
to him by the payee if the payee had been a real person, is
relevant, as showing that A knew that the payee was a fictitious
person.
(e) A is accused of defaming B by publishing
an imputation intended to harm the reputation of B.
The fact of previous publications by A respecting
B, showing ill-will on the part of A towards B, is relevant,
as proving A's intention to harm B's reputation by the particular
publication in question.
The facts that there was no previous quarrel
between A and B, and that A repeated the matter complained
of as he heard it, are relevant, as showing that A did not
intend to harm the reputation of B.
(f) A is sued by B for fraudulently representing
to B that C was solvent, whereby B, being induced to trust
C, who was insolvent, suffered loss.
The fact that at the time when A represented
C to be solvent, C was supposed to be solvent by his neighbours
and by persons dealing with him, is relevant, as showing that
A made the representation in good faith.
(g) A is sued by B for the price of work
done by B, upon a house of which A is owner, by the order
of C, a contractor.
A's defence is that B's contract was with
C.
The fact that A paid C for the work in question
is relevant, as proving that A did, in good faith make over
to C the management of the work in question, so that C was
in a position to contract with B on C's own account, and not
as agent for A.
(h) A is accused of the dishonest misappropriation
of property which he had found, and the question is whether
when he appropriated it, he believed in good faith that the
real owner could not be found.
The fact that public notice of the loss
of the property had been given in the place where A was, is
relevant, as showing that A did not in good faith believe
that the real owner of the properly could not be found.
The fact that A knew, or had reason to believe,
that the notice was given fraudulently by C, who had heard
of the loss of the property and wished to set up a false claim
to it, is relevant, as showing the fact that A knew of the
notice did not disprove A's good faith.
(i) A is charged with shooting at B with
intent to kill him. In order to show A's intent, the fact
of A's having previously shot at B may be proved.
(j) A is charged with sending threatening
letters to B. Threatening letters previously sent by A to
B may be proved as showing intention of the letters.
(k) The question is, whether A has been
guilty of cruelty towards B, his wife. Expressions of their
feeling towards each other shortly before or after the alleged
cruelly, are relevant facts.
(l) The question is, whether A's death was
caused by poison.
Statements made by A during his illness
as to his symptoms are relevant facts.
(m) The question is, what was the state
of A's health at the time when an assurance on his life was
effected.
Statements made by A as to the state of
his health at or near the time in question are relevant facts.
(n) A sues B for negligence in providing
him with a carriage for hire not reasonably fit for use, whereby
A was injured.
The fact that B's attention was drawn on
other occasions to the defect of that particular carriage,
is relevant.
The fact that B was habitually negligent
about the carriages which he let to hire is irrelevant.
(o) A is tried for the murder of B by intentionally
shooting him dead.
The fact that A on other occasions shot
at B is relevant as showing his intention to shoot B.
The fact that A was in the habit of shooting
at people with intent to murder them is irrelevant.
(p) A is tried for a crime.
The fact that he said something indicating
an intention to commit that particular crime is relevant.
The fact that he said something indicating
a general disposition to commit crime of that class is irrelevant.
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