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    Question

    A is tried for the murder of B by beating him with a club with the intention of causing his death. At A's trial which of the fact is not in issue.

    A A's beating B with the club Correct Answer Incorrect Answer
    B A's causing B's death by such beating Correct Answer Incorrect Answer
    C A's intentions to cause B's death Correct Answer Incorrect Answer
    D None of the above Correct Answer Incorrect Answer

    Solution

    "Facts in issue."--The expression facts in issue means and includes-- any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.

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