82 
court where the jury might observe the demeanor of the 
witness while giving it. 
There are certain exceptions to the rule excluding 
hearsay, the most important of which, from our standpoint, 
are: (1) Where it is rendered necessary by the difficulty 
of other proof (for example, statements of a dying person); 
(2) where the circumstances under which hearsay state¬ 
ments are made furnish some guarantee of their reliability 
other than the fact of their having been made; (3) where 
such statements are in the nature of confessions or admis¬ 
sions (which may or may not constitute hearsay). An 
admission, in general, may be either (a) a direct statement 
of main facts in issue, or (6) a statement, or act, from 
which inferences may be drawn as to main facts in issue. 
A direct statement, in criminal cases, of complicity or 
guilt in respect to main facts in issue is called a confession, 
and to be admissible it must be made voluntarily. No 
confession is considered voluntary if made under promise 
or threat from a person in authority. The term ‘"admis¬ 
sion ” is usually restricted to involuntary statements, or 
acts (implied admissions), from which inferences can be 
drawn as to main facts in issue, and these are in the 
nature of circumstantial evidence. Statements which con¬ 
stitute confessions or admissions must be proved in the 
ordinary way by the introduction of testimony, oral or 
written, as to the language constituting the admission; 
and where they are also in the nature of hearsay, the 
precautions previously noted should be observed. 
Opinion is usually not admissible in evidence, except 
by an expert duly qualified as such. Such qualification 
is established in the direct examination, simply by asking 
the witness whether he has had experience in the matter 
in question (as in tracking, for example), how much expe¬ 
rience, over how many years, etc. This may be done 
immediately after the opening questions as to name, resi¬ 
dence, occupation, if the testimony involving opinion is 
then desired; otherwise, whenever the point in his testi¬ 
mony is reached where it is desired to introduce the latter. 
The questions designed to bring out the testimony of 
opinion can then be proceeded with. It is not necessary 
