State v. Benner
Supreme Judicial Court of Maine
On exceptions. Indictment, charging that Benner, in the night time of the eighteenth of September, 1873, set fire to and consumed the dwelling house, owned and then occupied by Charles P. Holland, in Pembroke, in said county. The family then being in the house, this was a capital ofíence, under our statutes. The respondent was convicted. Numerous exceptions to the rulings at the trial, and to the charge to the jury, were taken.
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On exceptions. Indictment, charging that Benner, in the night time of the eighteenth of September, 1873, set fire to and consumed the dwelling house, owned and then occupied by Charles P. Holland, in Pembroke, in said county. The family then being in the house, this was a capital ofíence, under our statutes. The respondent was convicted. Numerous exceptions to the rulings at the trial, and to the charge to the jury, were taken. Fully to understand the first two it is necessary to transcribe a large portion of the direct examination of Henry J. Motz, called as a witness by the government. It…
1Opinion of the CourtAppleton, C. J.
Numerous exceptions have been alleged to the rulings and instructions of the justice presiding at the trial of *279the respondent. Those exceptions we propose to consider and discuss in the order of their presentation.
I. Henry J. Motz was called as a witness by the state. The objection is taken that he was cross-examined by the attorney general, and that leading questions were proposed to him.
The answers of a witness, honest and favorable to the party calling him, will obviously depend on the questions proposed. But the party calling will only propose those favorable to his interests. His…
2Cases cited3 opinions
- Way v. ButterworthMassachusetts Supreme Judicial Court · 1870
- Burnham v. HatfieldIndiana Supreme Court · 1838
- Perkins v. StateIndiana Supreme Court · 1853
3Cited by30 opinions
- State v. CampbellSupreme Court of Kansas · 1906
- State v. LewisohnSupreme Judicial Court of Maine · 1977
- State v. PetersonSupreme Court of Iowa · 1900
- State v. LevesqueSupreme Judicial Court of Maine · 1971
- State v. LuceyMontana Supreme Court · 1900
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