Smith Ex Rel. Newton v. Myers

The plaintiff in the first case offered in evidence the record in a criminal action against Roy Myers to show that this defendant had pleaded guilty of the assault set out in the complaint and had been fined; and the plaintiff in the second case offered to prove upon the cross-examination of D. C. Graver, a witness for the defendant, the substance of the verdict in S. v. J une Myers. The evidence was excluded in each instance and the plaintiffs excepted.

The record does not disclose what the witness Graver would have testified as to the verdict and for this reason, if for no other, the latter…