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Objections to questions need not ordinarily be made to 
the court in the first instance, but rather by a good-natured 
caution to the opposing counsel. If he persists in offending 
along the same line, direct appeal to the judge is in order. 
THE LAW OF EVIDENCE. 
The rules as to what facts may be presented in evidence, 
how they may be presented, and their effect, constitute 
the law of evidence. 
The general rule is that evidence, to be admissible in 
court, must be (1) relevant, that is, directly related to or 
connected with the “facts in issue” (see below); (2) com¬ 
petent, that is, the proper kind of evidence by which to 
prove any relevant fact alleged; and (3) material, that is, 
having a direct bearing and not raising collateral issues. 
FACTS ADMISSIBLE IN EVIDENCE. 
Facts in issue .—In a criminal case whatever facts must 
necessarily be considered by the court in determining 
whether the accused is guilty are relevant, and evidence as 
to their existence or nonexistence may be introduced. 
Such facts are said to be “in issue.” For instance, in the 
trial on an indictment of the accused for willfully setting 
on fire certain timber, underbrush, and grass on the public 
domain, the following facts are necessarily involved, that 
is, are “in issue,” and may be proven: (1) that there was 
a man-caused fire at a certain time and place on the public 
domain, by which timber, underbrush, and grass were 
burned; (2) that this fire w r as set or caused to be set by the 
accused; and (3) that in doing this the accused acted will¬ 
fully. 
Facts relevant to the issue .—Facts not themselves directly 
in issue but which, being proved to the court, would 
establish conclusively the existence or nonexistence of 
the facts in issue, are called “facts relevant to the issue” 
and may always be given in evidence. This is cir¬ 
cumstantial evidence. All facts so connected with a 
fact in issue as to form a part of the same transaction or 
subject matter (for instance, statements explaining an 
