In his summing up, the judge, Lord Chief Justice Sir William Lee directed the jury to find Owen guilty as publication was proved and the intent of the contents was a question of law for the judge, not a question of fact for the jury.

In fact in more recent work on counting lattice points in regions it is routinely used − summing the indicator function of a region D over lattice points is exactly the question, so that the LHS of the summation formula is what is sought and the RHS something that can be attacked by mathematical analysis.

After a three-day hearing in the Court of Appeal of England and Wales, this conviction was overturned ; the Court of Appeal recognised 14 errors of law and a large number of errors of fact in the trial judge's summing up to the jury.

A closing argument, summation, or summing up is the concluding statement of each party's counsel ( often called an attorney in the United States ) reiterating the important arguments for the trier of fact, often the jury, in a court case.

A proper cavalry command in his front would have developed the fact that he had run into one division of Polk's Army of the Mississippi moving up from the direction of Mobile to join Johnston at Dalton.

The pessimism of the young is defiant, anxious to confess or even exaggerate its ostensible gloom, and so exuberant as to reveal the fact that it regards its ability to face up to the awful truth as more than enough to compensate for the awfulness of that truth.

Are they indifferent to the fact that the dog can easily pick up germs from the preceding patient??

Some distribution costs are kept up by competitive pressure, some by the fact that the customers have come to expect certain niceties and flourishes.

These differences in turn result from the fact that my Yokuts vocabularies were built up of terms selected mainly to insure unambiguity of English meaning between illiterate informants and myself, within a compact and uniform territorial area, but that Hoijer's vocabulary is based on Swadesh's second glottochronological list which aims at eliminating all items which might be culturally or geographically determined.

We are abstracting from the fact of strikes here, but it should be obvious that the extent to which the public-limit price is raised by a given increase in the basic wage rate is also a function of the show of resistance put up by the industry.

In fact, Hudson's sail up the Great North River had disposed of one of the last hopes.

) The sorry fact about this young man, who was barely of age when he broke into major-league baseball, was that he really was a better ball player than he was given credit for being -- never so good as he claimed, and always an irritant to his associates, but a good steady performer when he could fight down the temptation to orate on his skills or cut up in public.

In fact, during the first century B.C., an extensive literature sprang up devoted to these subjects, finding its typical expression in the so-called `` wei books '', a number of which were specifically devoted to the Lo Shu and related numerical diagrams, especially in connection with divination.

But actually these accounts reveal the supernatural powers that the masters were in fact supposed to possess, as well as the extreme degree of popular credulity: `` Hwang Pah ( O Baku ), one day going up Mount Tien Tai which was believed to have been inhabited by Arhats with supernatural powers, met with a monk whose eyes emitted strange light.

Malinowski and Radcliffe-Brown's influence stemmed from the fact that they, like Boas, actively trained students and aggressively built up institutions that furthered their programmatic ambitions.

The bullet had in fact clipped a part of his popliteal artery and his boot was filling up with blood.

In fact, because of atmospheric refraction and because the sun appears as a disk and not a point, part of the midnight sun may be seen on the night of the northern summer solstice up to about 50 ′ () south of the Arctic Circle ; similarly, on the day of the northern winter solstice, part of the sun may be seen up to about 50 ′ north of the Arctic Circle.

Nonetheless, as Frank Bowe predicted when he testified as the lead witness on Title III in the Senate hearings leading up to enactment, the fact that Title III calls for accessibility in, and alterations to, thousands of stores, restaurants, hotels, etc., in thousands of communities across the U. S. means that this Title probably has had more effect on the lives of more Americans with disabilities than any other ADA title.

Woollcombe also states that no one questioned the apostolicity of the See of Alexandria despite the fact that its Popes were consecrated by the college of presbyters up till the time of the Council of Nicaea in 325.

" In addition to the lack of evidence, scientists cite the fact that Bigfoot is alleged to live in regions unusual for a large, nonhuman primate, i. e., temperate latitudes in the northern hemisphere ; all recognized nonhuman apes are found in the tropics of Africa and Asia ( although some smaller primates, such as Japanese macaques, are found in Asia up to the latitude of Northern California, and can cope with air temperatures to-20 ° C (- 4 ° F )).

Villeroi still believed ( on 22 May ) the Allies were a full day ’ s march away when in fact they had camped near Corswaren waiting for the Danish squadrons to catch up ; for his part, Marlborough deemed Villeroi still at Jodoigne when in reality he was now approaching the plateau of Mont St. André with the intention of pitching camp near Ramillies ( see map at right ).

Writing in 1933, Charles Fenner suggested that it was likely that the " actual origin of the bunyip myth lies in the fact that from time to time seals have made their way up the ... Murray and Darling ( Rivers )".

In the UK in 2009 it was estimated that up to 12 million shoppers appeared at the sales ( a rise of almost 20 % compared to 2008, although this was also affected by the fact that the VAT would revert to 17. 5 % from 1 January ).

The proof of this fact relies on an algorithm which, given the first n digits of Ω, solves Turing's halting problem for programs of length up to n. Since the halting problem is undecidable, Ω can not be computed.

This is possibly explained by the fact that he sent out 60 arahants to the known world to spread his teaching ; however it differs in the fact that the Buddha taught that the four elements are false and that form is in fact made up of much smaller particles which are constantly changing.

The reality for the west in the Middle Ages was not only the fact that government was split up into small particles but also the fact that vertical and horizontal powers were entangled.

In fact, waiting to update EV only once per month ( simply because that is when cost data are available ) only detracts from a primary benefit of using EVM, which is to create a technical performance scoreboard for the project team.

These specific studies have shown that episodic memory performance does in fact decline with age and have made known that older adults produce vivid rates of forgetting when two items are combined and not encoded.

The other major issue leading to rail fins ' use is the fact that a rider can use the lift near the rail to increase speed and performance on smaller waves due to the above effects and abilities of these foils.

In fact, Conley says, " The Producers were so happy with Gary's performance that they even called a " press conference " arranged by the movie's unit publicist, Liz Rodriguez, held by her and the " Mansion " producer team from historical Hollywood & Highland to officially exonerate Gary of any allegations that he had been fired and praised Gary's performance in the upcoming movie.

In fact, further study of the exact nature of the performance problems turned up a number of interesting facts.

The potential performance gains of L4 are tempered by the fact that the user-space applications will often have to provide many of the functions formerly supported by the kernel.

The fact that these targets were rolled over to the end of the Third Seven-Year Plan is another indication of the disappointing economic performance during the Second Seven-Year Plan.

In fact, under the traditional model, student performance is expected to show a wide range of abilities.

This leads to a high level of audience participation ; in fact, their reactions can dictate how the performance unfolds.

In fact the score was lost for decades, then rediscovered in 1970, with a fully orchestrated and staged performance in 1972.

Good performance for a splay tree depends on the fact that it is self-optimizing, in that frequently accessed nodes will move nearer to the root where they can be accessed more quickly.

One irony in the Bears victory was that Payton had a relatively poor performance running the ball and never scored a touchdown in Super Bowl XX, his first and only Super Bowl appearance during his Hall of Fame career ( Many people including Mike Ditka have claimed that the reason for this due to the fact that the Patriots defensive scheme was centered around stopping Walter Payton ).

The performance — featuring Spider Stacy repeatedly smashing himself over the head with a beer tray ( in the manner of Bob Blackman's infamous " Mule Train / Mule Tray ")— became a favourite with the viewers, but Stiff Records refused to release it as a single, feeling it was too late for it to help Red Roses for Me ( in fact Stiff Records was by then in deep financial trouble ).

The song was not used in the movie, nor was the band, the only band not to receive a call-back to perform live for the film's " Battle of the Bands " sequence, perhaps due to the fact that the Germs ' chaotic Roxy performance had featured an unscripted, full-on food fight.

It was, in fact, disabled in the Direct3D renderer by default ( but could be re-enabled in the Unreal. ini file ) due to performance and quality issues caused by the driver and present even on hardware many times more powerful than the original 3Dfx Voodoo Graphics.

In fact the main processor of the STAR had less performance than the 7600, but added additional hardware and instructions to speed up particularly common supercomputer tasks.

Because of all these factors, optimization rarely produces " optimal " output in any sense, and in fact an " optimization " may impede performance in some cases ; rather, they are heuristic methods for improving resource usage in typical programs.

His performance had been so convincing that Milland was beleaguered for years by rumors that he actually was an alcoholic despite the fact that he wasn't.

" Leah S. Marcus, whilst discussing the prevailing bad quarto theory, suggests that A Shrew is not a transcription of a performance of The Shrew, but is in fact an earlier version of The Shrew ; that is to say, Shakespeare himself authored both works.

Despite the fact that the Lightning finished first in the conference and the Islanders qualified for the playoffs as the 8th and final seed, a few journalists had picked the Islanders to win based on their strong regular season performance against Tampa Bay.

Its gruff captain, Lieutenant Commander William H. DeVriess ( Tom Tully ), has almost completely discarded discipline, and the crew has become slovenly and superficially undisciplined – although their performance is, in fact, excellent.

“ the epithet ‘ servant ’ is hardly ever used for kings after David may be related to the fact that most of them were disappointing in their performance as kings appointed by YHVH ”.

In fact the Court of Auditnot only performs financial audits but also " value for money " efficiency analyses ; it also reports on the effectiveness of all governmental policy via performance audits.

It is not certain that he ever in fact composed monody ( lyrics for solo performance ), but the emotional and erotic quality of his verse, and the fact that his colleague in Samos was Anacreon, who did compose monody, suggest that Ibycus did too.