Summary
In Constantine v. Grenier, 81 N.H. 550, a case of trespass, counsel was permitted, subject to exception, to cross-examine the defendant for the purpose of discrediting him, as to whether he had been convicted of violating the liquor laws.
Summary of this case from State v. DukeOpinion
Decided November 5, 1924.
TRESPASS, vi et armis. In the cross-examination of the defendant, the plaintiff was permitted to inquire if the witness had been convicted of violating the liquor laws, and as to the sentence. The defendant's, bill of exceptions was allowed in the superior court by Branch, J.
John M. Stark, Peter J. King and Robert W. Upton, for the plaintiff.
Arthur B. Hayden, for the defendant.
"The extent to which an examination of this character should be carried is settled at the trial. Gutterson v. Morse, 58 N.H. 165." Benoit v. Perkins, 79 N.H. 11, 18. The authority relied upon by the defendant (Genest v. Company, 75 N.H. 365) is not in point. It relates to the introduction of independent impeaching evidence, and has no application to cross-examination of the witness whose integrity is called in question.
Exception overruled.