1. The state or fact of being in a particular place and time (his presence at the scene saved two lives).
2. Close physical proximity coupled with awareness (the agent was in the presence of the principal).
constructive presence.
1. Criminal law. Legal imputation of having been at a crime scene, based on having been close enough to the scene to have aided and abetted the crime’s commission. See CONSPIRACY.
2. Wills & estates. Legal imputation of a witness’s having been in the room when a will was signed, based on the fact that the testator and the witness were able to see each other at the time of the signing. • This principle was commonly employed until the 20th century, when the presence-of-the-testator rule became dominant. See PRESENCE-OF-THE-TESTATOR RULEE.
