State v. Burpee
Supreme Court of Vermont
Indictment for larceny of cattle. Trial by jury at the December term, 1891, Taft, J. presiding. Verdict, guilty. Exceptions by the respondent. The case appears in the opinion. The respondent should have been permitted to show that Potter had been arrested for stealing these same cattle.
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Indictment for larceny of cattle. Trial by jury at the December term, 1891, Taft, J. presiding. Verdict, guilty. Exceptions by the respondent. The case appears in the opinion. The respondent should have been permitted to show that Potter had been arrested for stealing these same cattle. Tufts v. Town of Chester,62 Vt. 356; Randallsc Preston, 52 Vt. 193 ; Beckley v. Jarvis, 55 Vt. 348. The testimony of Bailey to the reputation of Spaulding-was improperly received, no foundation having been laid. Amidon\. Hosley, 54 Vt. 26; 1 Greenl. Ev. § 461; Marks v. Fox, 18 Fed. Rep. 7x5; Peojlesr. Rector,…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
The witness Potter was an important witness for the prosecution. He had slaughtered the cattle named in the indictment. He testified that he bought them of' respondent. The respondent claimed this testimony to be untrue, and as showing a motive on the part of Potter to falsify in this respect, offered to prove that Potter, had been arrested on the charge of stealing the cattle in question. The evidence offered was excluded. In this there was error. If Potter had a motive to testify falsely, it rendered the proof of the claim that he had…
2Cases cited48 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Dejarnette v. CommonwealthSupreme Court of Virginia · 1881
- Franklin v. StateCourt of Appeals of Maryland · 1858
- State v. PattersonSupreme Court of Vermont · 1873
- State v. FordSupreme Court of Louisiana · 1885
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3Cited by48 opinions
- United States v. DoughertyCourt of Appeals for the D.C. Circuit · 1972
- Giles v. StateCourt of Appeals of Maryland · 1962
- State v. HectorOhio Supreme Court · 1969
- The People v. BrunerIllinois Supreme Court · 1931
- State v. GannonSupreme Court of Connecticut · 1902
43 more not listed; retrieve them via the Exa API.