172 Ind. 357 | Ind. | 1909
Appellant was convicted upon a charge of assault and battery, and the only error assigned arises upon the motion for a new trial.
The prosecuting witness testified that on Sunday, July 19, 1908, at about 2:30 o ’clock p. m., while on duty as a patrolman, dressed in full uniform, and having his star and mace, he saw one Moynahan go to the back door of appellant’s saloon and knock on the door two or three times, and work the door latch; that the door opened, and Moynahan entered the saloon; that he (witness) went directly to the same door, imitated the knocking on the door and working of the latch as nearly as he could, and the door was partially opened by appellant; that he stated to appellant that he wanted to see who was in there, and was informed by appellant, with an oath, that it was none of his business who was there; that he got his hand inside the door, and was then assaulted both by Moynahan and appellant, his face was scratched by appellant, who also struck him in the face, Moynahan hit him with a beer bottle, and appellant threw him out; that as he went out he got hold of appellant’s suspender, and pulled it partly off; that he remained at the back door two or three minutes, then went to the front door and found Moynahan there, and soon after procured a warrant for the arrest of appellant. The statement of witness, that his face was scratched, is corroborated by others. Appellant testified that he started out of the back door, and there met the officer; that the latter put his foot inside the door, and said: “I want in;” that appellant said: “You have not got any business in here,” and that he shoved the officer back, and as he shoved him back the officer grabbed appellant’s suspender; that Moynahan was not there; that when he asked the officer to step back he would not do it, and he shoved him away; that he did not strike the officer, or scratch him in the face, find that a crowd collected there. Moynahan testified that about 12:30 o’clock on July 19 he had knocked at appel
In People v. Molineux (1901), 168 N. Y. 264, 313, 61 N. E. 285, 302, 62 L. R. A. 193, it is said with regard to the rule as to showing the guilt or conviction of a party of a crime: “Another exception to the general rule is, that when the evi
In Glenn v. Clore, supra, a civil action, it was held error, on a trial for seduction, to introduce against a witness, for the purpose of affecting his credibility, the record on a
We are unable to perceive that these eases are controlling in this ease, except on the ground of the lack of identity of the time and place, to connect the incident with the material fact in issue at the trial. If the witness was convicted, it was clearly competent, but no objection having been interposed upon that ground, and the matter being apparently treated as the same incident, the objection made is unavailing. Besides, with the view we take of the evidence, even if not properly connected with the same transaction, appellant was not harmed by it.
In the case at bar the issuable fact was whether appellant had assaulted the officer. Whether the witness Moyna
The judgment is affirmed.