...77) and other authority cited by defendants, plaintiffs did not delay in asserting their rights, and defendants were neither induced to act nor prejudiced by the silence or acquiescence of plaintiffs...). We reject defendants' contention that the restrictions are ambiguous or unclear. The commonly understood meaning of "outbuilding" excludes the excessively large structure erected by...

...give in charge to the jury the principles of law relating to admissions by silence or acquiescence, Davis v. State, 114 Ga. 104...

...other authority cited by defendants, plaintiffs did not delay in asserting their rights, and defendants were neither induced to act nor prejudiced by the silence or acquiescence of plaintiffs...). We reject defendants' contention that the restrictions are ambiguous or unclear. The commonly understood meaning of "outbuilding" excludes the excessively large structure erected by defendants, and...

...allow argument, it must appear that counsel has not waived the right by silence or acquiescence. The record should affirmatively show that permission to argue was refused...to predicate error upon the refusal of the court to allow argument, it must appear that counsel has not waived the right by silence or acquiescence. The record should affirmatively show that...seasonably, and he may be held to waive his right to relief where his conduct, expressions or silence shows acquiescence in an erroneous declaration of law or evinces a purpose to take advantage of unguarded...

..., appellant's silence cannot be deemed an affirmative selection of the guidelines. In so holding, we recognize that it is unlikely that mere silence or acquiescence will ever amount to an affirmative...selection. Nevertheless, we reiterate our position in Jordan that we are not to be understood as holding that silence or acquiescence can never, under any set of circumstances, amount to...calculating and entering an appropriate sentence under the guidelines, albeit with enhancement or departure. It is equally clear, however, that the trial judge never asked appellant whether he "selected...

...rendered, whether it is tried to the court or a jury. However, in order to predicate error upon the refusal of the court to allow argument, it must appear that counsel has not waived the right by silence or acquiescence. The...the right by silence or acquiescence. The record should affirmatively show that permission to argue was refused. The approved practice of dealing...right to relief where his conduct, expressions or silence shows acquiescence in an erroneous declaration of law or evinces a purpose to take advantage of unguarded expressions that would have been...

...— HEARSAY — IMPLIED ADMISSION — SALE QUESTION. — The sole question in determining whether statements made by another person are admissible against a party as an admission by silence or acquiescence is...statements made by another person are admissible against a party as an admission by silence or acquiescence whether a reasonable person, under the circumstances, would naturally have been expected to...; (2) it must have been understood by him; (3) the subject matter must have been within his personal knowledge; (4) he must have been physically and psychologically able to speak; (5) the speaker or...

.... HILL, Justice. Certiorari was granted to determine whether it was error in this criminal case to instruct the jury pursuant to Code § 38-409 that acquiescence or silence, when...: "Acquiescence or silence, when the circumstances require an answer or denial or other conduct, may amount to an admission." The defendant contends.... State (Division 2). We hold that it is reversible error to instruct the jury in a criminal case according to Code § 38-409 that silence or acquiescence by a person in police...

...regarding admission by silence or acquiescence and OCGA § 24-4-9, providing that facts may be inferred from a failure to offer evidence within a party's power. But even if those code sections should...may excuse a party, witnesses, or counsel from the courtroom during a proceeding. It does not require that a party appear in court, nor does it authorize the trial...

...which provides that where a statement is made in the presence of an accused which calls for a reply on his part, his silence or acquiescence may be shown as a confession of the truth of the statement...: "`The rule is well founded that if appellant was under arrest at the time the statement was alleged to have been made, his silence cannot be used against him as a confession of the truth of the...

...by silence or acquiescence at sentencing. I therefore agree with the majority that, going forward, in cases involving eligible youth, our courts must adhere to the letter and spirit of... SMITH, J. CPL 720.20(1) says that, where a defendant is eligible to be treated as a youthful offender, the sentencing court “must” determine whether he or she...is to be so treated. We hold that compliance with this statutory command cannot be dispensed with, even where defendant has failed to ask to be treated as a youthful offender, or has purported to...

...actual and demonstrable knowledge of the right being waived so that the waiver is deemed knowing and intelligent. Courts should not find a waiver by mere silence or acquiescence even when the defendant is...]airness dictates that before accepting silence or acquiescence in sentencing by a different judge as a waiver, the court must satisfy itself from the record that defendant knew he had the right to be...rights by his conduct. Such a requirement is consistent with general judicial reluctance to find a waiver by silence or acquiescence. (See People v. Mancheno (1982...

...BY SILENCE OR ACQUIESCENCE, DETERMINATION OF. — The sole question in determining whether statements made by another person are admissible against a party as an admission by silence or acquiescence is...silence or acquiescence is whether a reasonable person, under the circumstances, would naturally have been expected to deny them, if the statements were untrue...: Silence by an accused or a claim of his Fifth Amendment right to remain silent made in response to a police accusation during custodial interrogation is inadmissible. Doyle v. Ohio...

...the court or a jury, and in order to predicate error upon the refusal of the court to allow argument, it must appear that counsel has not waived the right by silence or acquiescence. The...waived the right by silence or acquiescence. The record should affirmatively show that permission to argue was refused. . . . "The approved practice of dealing with...where his conduct, expressions or silence shows acquiescence in an erroneous declaration of law or evinces a purpose to take advantage of unguarded expressions that would have been promptly corrected...

...declared in 1 R.C.L., 478: "Intimately connected with admissions that are implied by the acts or conduct of the party are admissions by silence... or acquiescence. If a statement is made in the hearing of another in regard to facts affecting his rights and he makes no reply, it may be a tacit admission of the facts...: 118 S.C. 267. Messrs. Logan Grace and John I. Cosgrove, for respondent, cite: Admissions may be implied from conduct and acquiescence; and from...

... Floyd Moore's principal contention on appeal concerns the admission into evidence against him, as an admission by silence or acquiescence, of a statement reportedly made by co-defendant...truth. The general rule concerning admissions by silence or acquiescence is well established. When an accusatory statement is made in the defendant's presence and hearing, and he...these lines, a decision to submit or consider the supposed admission by silence would necessarily be based on pure conjecture as to the existence of the required predicative forces...

...before we could find that he had waived his right to that term. Mere silence or acquiescence is insufficient to extinguish the bargained for term underlying defendant's waiver of constitutional...then asked defendant if there was any "just or legal cause why sentence should not now be pronounced?" Defendant answered, "No." At this time there was no mention of the term of the plea bargain.... We do not address the impact or validity of Penal Code section 1192.7, added by initiative on June 8, 1982, as part of Proposition 8. That section prohibits the use of plea bargaining in cases...

...silence or acquiescence of the parties interested. p. 312. 3. APPEAL — Time for Perfecting — Statute Not Complied With — Effect. — Where the statutory requirements for...." This is one of the steps required by statute in perfecting an appeal and the same cannot be waived by the mere silence or 2. acquiescence of the parties interested. Penn., etc., Plate...appeal bond must be asked and granted during the term at which the judgment is rendered; either the bond must be filed and the sureties thereon approved during that term or the penalty of the bond and...

...of a minor who accepts the benefits of a contract after reaching the age of eighteen, or by his silence or acquiescence in the contract for a considerable length of time after reaching his majority...his silence or acquiescence in the contract for a considerable length of time. Fellows v. Cantrell, supra. Furthermore, § 13-22-101(1), C.R.S. 1973, states that "every person, otherwise competent.... 1. CONTRACTS — Minor — Voidable — Affirmance — Matter of Intent — Determined — Accepts Benefits — Silence — Acquiescence — Considerable Time...

...nevertheless affirm or ratify that act once he or she regains his or her capacity. 3. CONTRACTS — RATIFICATION — SILENCE OR ACQUIESCENCE AMOUNTS TO. — Silence or acquiescence in a contract for any considerable...have also recognized that silence or acquiescence in a contract for any considerable length of time amounts to ratification. Kinkead v. Union Nat'l...decedent transferred other property to his son during that period and acknowledged to appellee in 1990 or 1991 his awareness that his son's name was on the accounts; and where the decedent placed a...