Curtis v. Cochran
Supreme Court of New Hampshire
Assumpsit, on a note. Yerdict for the defendant. Motion of the plaintiff for a new trial. The plaintiff offered himself as a witness. The defendant objected to his being sworn, and produced evidence of his conviction of a disabling offence. The plaintiff produced a pardon, and was allowed to testify. The defendant then offered the evidence of the conviction for the jury to consider.
Read the full summary
Assumpsit, on a note. Yerdict for the defendant. Motion of the plaintiff for a new trial. The plaintiff offered himself as a witness. The defendant objected to his being sworn, and produced evidence of his conviction of a disabling offence. The plaintiff produced a pardon, and was allowed to testify. The defendant then offered the evidence of the conviction for the jury to consider. The plaintiff objected that the pardon rendered such evidence incompetent, but it was admitted subject to exception. This verdict must be set aside because the defendant was permitted to put in evidence the record…
1Opinion of the CourtDoe, J.
“ If the king pardon these offenders, they are thereby rendered competent witnesses, tho their credit is to be still left to the jury, for the king’s pardon takes away pcenam and culpam in foro humano * * * but yet it makes not the man always an honest man.” 2 Hale P. C. 278; King v. Castlemain, 7 How. St. Tr. 1109, 1110; King v. Rookwood, 13 How. St. Tr. 185, 186; 1 Stark. Ev. 99; Peake Ev. 132; McNally Ev. 232, 234; 1 Gilbert Ev. (by Lofft, ed. of 1791) 260; 1 Phillipps Ev. (old ed.) 29; 1 Gr. Ev., § 377; 2 Saund. Pl. and Ev. 1275; 1 Arch. Cr. Pr. and Pl. 155; 1 Arch. N. P. 29; Bac. Abr.…
2Cases cited3 opinions
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Gardner v. BartholomewNew York Supreme Court · 1863
3Cited by9 opinions
- Commonwealth v. CannonSupreme Court of Pennsylvania · 1956
- State Ex Rel. Wier v. PetersonSupreme Court of Delaware · 1976
- Doe v. StateSupreme Court of New Hampshire · 1974
- State v. TansimoreSupreme Court of New Jersey · 1950
- United States v. RichardsDistrict Court, District of Columbia · 1950
4 more not listed; retrieve them via the Exa API.