United States v. Angell
District Court, D. New Hampshire
On motion to set aside the verdict, and on motion in arrest of jitdgment. This was an indictment found by the grand jury of this district, at the term of this court held at Exeter, October 8, 1868, charging the respondent with exercising and carrying on the trade and business of a retail dealer in liquors on Hie first day of May, 1867, and from that day to the first day of January, 1868, without paying the special tax in such cases by law required.
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On motion to set aside the verdict, and on motion in arrest of jitdgment. This was an indictment found by the grand jury of this district, at the term of this court held at Exeter, October 8, 1868, charging the respondent with exercising and carrying on the trade and business of a retail dealer in liquors on Hie first day of May, 1867, and from that day to the first day of January, 1868, without paying the special tax in such cases by law required. To this indictment the respondent pleaded not guilty, and the government joined the issue. (1) In order to sustain the indictment Amos D. Carnes…
1Opinion of the Court
Clark, D. J.
1. Leading questions may not be put upon main examination. 1 Greenl. 481; 1 Stark. 149. The rule is well settled, though there are some exceptions to it. The exceptions are not material to the first objection, because it is not contended that the question objected to in this instance is within the exceptions; but it is maintained that the question put to the witness was not a leading question. The question was this: “Did you drink any liquor at Mr. Angell’s that day?” Now, is this a leading question? Yery clearly it is. A leading question is one which suggests or leads to the…
2Cases cited12 opinions
- Bergen v. PeopleIllinois Supreme Court · 1856
- Summons v. StateOhio Supreme Court · 1856
- Spencer v. FieldNew York Supreme Court · 1833
- United States v. MacombU.S. Circuit Court for the District of Illinois · 1851
- Bank of Rochester v. MonteathCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by21 opinions
- Kemper v. StateCourt of Criminal Appeals of Texas · 1911
- Heath v. United StatesCourt of Appeals for the Tenth Circuit · 1948
- Spencer v. StateWisconsin Supreme Court · 1907
- State v. MeeIdaho Supreme Court · 1981
- Bailey v. United StatesCourt of Appeals for the Sixth Circuit · 1919
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