32 Mich. 484 | Mich. | 1875
Keator was convicted of perjury, and the case comes np on questions raised upon exceptions taken at the trial.
One Meracle baying been introduced as a witness for respondent, evidence was given to impeach his character for veracity. Jesse Hurd was allowed to testify to his bad reputation in the town of Blaolcnian, where he resided in 1870, and until early in 1871 (being four years previous to tbe trial). He swore that be knew it, and that it was bad, and that he would not from such reputation believe Meracle on oath.
The time is certainly somewhat remote, but the witness showed hy his own testimony that he had not any very long residence in any one place, and that his residence at and near Blackman was as long as any other, and that he thereafter left the state for over a year, returning in June,
In the case of Hamilton v. People we had occasion to discuss the question whether it was proper to allow an inquiry if the impeaching witness from the evil reputation of the impeached witness would believe him under oath. We there held it proper on cross examination; but we think the same reasons render it proper also on direct examination, as it is as certainly as proper to lay before the jury all that directly bears on the impeachment without cross-examination as with it. We do not think it necessary to repeat the grounds which were there discussed, and which, in our opinion, vindicate the rule of the English and of many American, cases against what we deem an incorrect doctrine of Mr. Greenleaf to the contrary.-
The criticism that it does not appear distinctly that Hurd’s opinion of Meracle’s credibility on oath refers to 1871 is not, wc think, well taken. He swears that from Meracle’s reputation, concerning which he had testified, he would not believe him on oath. If that was the basis of his opinion, his present opinion after reflection would be quite as admissible as his former one, and he was not cross-examined as to any change of views.
It is also objected that the information alleges that the oath of Keator was administered by Alexander D. Crane, circuit judge, whereas the proofs showed it to have been administered by one E. D. Knowles, acting as deputy clerk, but whose official character, it is claimed, was not proven.
As it appeared Knowles was acting openly in the circuit court, which must have had judicial knowledge of his position and action, we think no better evidence was needed of his official character. In a collateral proceeding it is enough that he was shown to be an officer de facto.
We do not understand the information to contain any
We do not think it material whether the oath was shown to have been taken on the 3d or 4th of April. The court records do not show the dates when each witness is sworn, and this must rest in parol. The material thing appears in the allegations that the oath was taken on the trial of a cause fully identified, and the particular day of the trial need not be averred so positively that a variance of a day would be fatal. We think the case comes within the established statutory rule. — § 7923, C. L.
We do not think the objection well taken that the judge erroneously told the jury that the statements of Keator as a witness were substantially negatived by the information. There is no claim that the jury were or could have been in any way misled, or that any testimony concerning false statements was improperly admitted. The remark was plainly designed as introductory to the more specific portions of the charge, and was not, we think, objectionable.
It is also claimed that the judge should not have given the jury his opinion that the mode of impeaching witnesses for the prosecution by proof of contradictory statements is liable “to close search and careful scrutiny,” for reasons which he enlarged upon, while he did not dwell in the same manner upon the impeaching testimony on the other side.
We find no error in the record, and the conviction should be affirmed.