State v. Lynde
Supreme Judicial Court of Maine
On exceptions. Indictment for keeping a liquor nuisance. At the trial, George S. Winn, a clerk in the office of the collector of internal revenue, testified that he had the custody of the records and had made a true copy therefrom of certain names.
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On exceptions. Indictment for keeping a liquor nuisance. At the trial, George S. Winn, a clerk in the office of the collector of internal revenue, testified that he had the custody of the records and had made a true copy therefrom of certain names. This copy was admitted to show that the defendant had procured a license as retail liquor dealer, and the defendant alleged exceptions. cited: State v. Gorham, 65 Maine, 270. We think it is a well settled rule that the record itself or a copy attested by the proper officer is the only evidence admissible of .such a record. 1 Greenl. Ev. 483, 484;…
1Opinion of the CourtPeters, C. J.
The original record of payments for licenses, kept in the office of the collector of internal revenue, would have been proper evidence. And a copy of the same, certified by the collector himself would hsyre been. A copy of the record authenticated merely by a clerk in the collector’s office, an unofficial person, standing without other proof, would be neither sufficient nor admissible. But it was in this case supported by the testimony of the clerk as a witness, who swears that he personally examined the record and made a true copy. The copy sustained by his oath, was admissible, if the mode…
2Cases cited2 opinions
- United States v. JohnsSupreme Court of the United States · 1806
- Spaulding, Foster & Co. v. VincentSupreme Court of Vermont · 1852
3Cited by2 opinions
- Higgins v. FullerNew Mexico Supreme Court · 1944
- State v. LoughlinSupreme Court of New Hampshire · 1890