State v. McKinnon
Supreme Judicial Court of Maine
On exceptions by respondent. Indictment against tlie respondent for maintaining a liquor nuisance in the building known as the Globe Hotel in Bangor. The case is sufficiently stated in the opinion. It is well settled that secondary evidence of the contents of a writing or document may be given when itdoes not form the foundation of the cause, but merely relates to some collateral fact. Among other cases, counsel cited Saullin v. Harper, 78 Fed. Pep., 460, 25 Am. & Eng. Ency.
Read the full summary
On exceptions by respondent. Indictment against tlie respondent for maintaining a liquor nuisance in the building known as the Globe Hotel in Bangor. The case is sufficiently stated in the opinion. It is well settled that secondary evidence of the contents of a writing or document may be given when itdoes not form the foundation of the cause, but merely relates to some collateral fact. Among other cases, counsel cited Saullin v. Harper, 78 Fed. Pep., 460, 25 Am. & Eng. Ency. Law, 2d Ed. 173, Phinney v. Holt, 50 Maine, 570; Ayer v. Hewitt, 19 Maine, 281. The written contract was primary…
1Opinion of the CourtPowers, J.
Indictment against the respondent for maintaining a liquor nuisance in the building known as the Globe Hotel in Bangor. The exceptions present two points.
The building was personal property, and for the purpose of proving the respondent’s ownership of the same and that he had executed mortgages thereof, against his objection the records of the City Clerk were admitted in evidence, in which mortgages purporting to have been executed by the respondent were recorded, no evidence having-been offered otherwise than the record of the execution of said mortgages.
The defendant testified that he…
2Cases cited1 opinion
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
3Cited by2 opinions
- Hull v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1910
- Hancock v. StateSupreme Court of Florida · 1925