25 Me. 350 | Me. | 1845
The opinion of the Court was drawn up by
The prosecuting officer was in this case permitted to introduce testimony, that a witness, who had testified in favor of the accused, had declared, that in a former case, when called by the same party, he had testified falsely, and that “ he would tell just what Caleb told him to.” The witness had not been first asked, whether he had made such declarations. This course was undoubtedly contrary to a well established rule, which prevails in England and in most of these United States. It was authorized in this State by the case of Ware v. Ware, 8 Greenl. 53. It does not appear to have been necessary to the decision of that case, that the opinion should have stated, that the .rule, which requires, that the witness should be first examined respecting his declarations and acts, had not been admitted in the practice of this State. Whether a practice at variance with a rule resting upon long experience of its beneficial effect, and sustained by many other substantial reasons, should be continued, may deserve consideration ; but the Judge of the District Court cannot be considered as acting erroneously in the admission of testimony authorized by an opinion of this Court which has not been overruled.
If the question had been put to the witness in this case, whether he had testified falsely in a former case, in which the accused was a party, he might have refused to answer, because it might have criminated himself; but if he had consented to answer, and had stated, that he had not, his declarations to the contrary might have been received. Such testimony would not be admissible for the purpose of showing, that he had been guilty of an offence ; but for the purpose of showing, that the relations between him and the party, who introduced him, were such as to induce him to swerve from the truth. For the like reason he might have been required to answer, whether he had stated, that he would testify, as the accused should desire. As our present practice does not re
Exceptions overruled, and case remanded.