McLellan v. Richardson
Supreme Judicial Court of Maine
This was an action of trespass, for injuries done to the plaintiff’s store, and was tried before Parris J. There were two counts in the declaration for different trespasses with the space of a year between them.
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This was an action of trespass, for injuries done to the plaintiff’s store, and was tried before Parris J. There were two counts in the declaration for different trespasses with the space of a year between them. To maintain his action, it became important to the plaintiff to shew, that the defendant was near the store at the time the acts complained of were committed, and for this purpose he called a witness who testified, that he was one of the grand jury at a term of the Court of Common Pleas, when the defendant was called before them, as a witness on the complaint of the plaintiff, for…
1Opinion of the Court
The opinion of the Court, after time taken for advisement, was drawn up by
Weston C. J.
With regard to the course pursued in the examination of the grand jurors, it must be understood to have been *86assented to by the counsel for the defendant, and therefore furnishes no ground of exception on his part. Besides, the jury were instructed to disregard that testimony ; and they acquitted the defendant of that part of the charge, to which they testified.
For the purpose of establishing the objection taken to the verdict, that Robert Dunning, one of the traverse jury, had before been a grand juror in…
2Cited by7 opinions
- State v. CampbellSupreme Court of Kansas · 1906
- Stern v. State Ex Rel. AnselCourt of Appeals of Texas · 1994
- People v. HulbutNew York Supreme Court · 1847
- State of Maine v. Rayshaun MooreSupreme Judicial Court of Maine · 2023
- State v. JohnsonSupreme Court of Missouri · 1893
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