State v. Fogg

The respondent was indicted for failure to account to his employers, retail grain merchants, for moneys received in payment for goods delivered by him to a number of customers. The defendant excepted to the following passage in the opening statement of the state’s counsel: “And then directly after that a Broderick . . . account, showed up . . . that had been paid; and so . . . the bookkeeper there, went to Mrs. Broderick’s and Mrs. Broderick told her, as she will tell you here, that she had paid that.” The ground of the exception is the incompetence as evidence of the statement made by Mrs.…