Commonwealth v. Roark
Massachusetts Supreme Judicial Court
These were indictments against the defendant; the first, for an assault upon William H. Clemence, a constable of Lowell, for the purpose of hindering and opposing him, in the discharge of his duty in the service of a warrant against one Francis Roark, other than the defendant; and the second, for an assault for the same purpose on one Crowell, the assistant of Clemence, in the service of the warrant.
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These were indictments against the defendant; the first, for an assault upon William H. Clemence, a constable of Lowell, for the purpose of hindering and opposing him, in the discharge of his duty in the service of a warrant against one Francis Roark, other than the defendant; and the second, for an assault for the same purpose on one Crowell, the assistant of Clemence, in the service of the warrant. Both assaults, if any, were committed at the same time, and the indictments were tried together. At the trial in the court of common pleas before Wells, C. J., the warrant was not produced; and…
1Opinion of the CourtBigelow, J.
No part of the law of evidence is more clearly
settled, than the rule that the contents of lost records may be proved by parol. In this respect, they stand on the same footing with all other documents, and may be proved by secondary evidence. 1 Greenl. Ev. § 509; Roscoe Crim. Ev. 11, 12; Sayles v. Briggs, 4 Met. 421. The argument, that the admission of parol evidence for such a purpose would often be attended with dangerous consequences, especially in a case like the present, where the change of a word might affect the validity of a warrant, is an objection which might well be urged to its…
2Cases cited2 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
3Cited by12 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Brown v. SlaterSupreme Court of Connecticut · 1844
- Doe ex dem. Holman v. CraneSupreme Court of Alabama · 1849
- Gillenwaters v. Miller, Gardner & Co.Mississippi Supreme Court · 1873
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