Public-domain · open source
OpenJurist

21 Ohio St. (N.S.) 653

Moots v. State

Ohio Supreme Court

Decided December 15, 1871

Ohio Supreme Court · decided 1871-12-15

At the March term, 1872, of tbe common pleas, George-M. Moots was indicted for stealing George P. Vernon’s mare, in Logan county, on May 9th, 1871. Plea — not guilty.

Decided 1871-12-15

By the Court :

¶1We are of opinion that the freight book was properly admitted in evidence. The witness made the entries in the book, including the entry of May 10th. He made the entries truly, and in the regular order of business, on the day they purport to have been made. This, in effect, is that the witness, on May 10th, truly entered the fact that two horses were then shipped from London to Cincinnati, The entry in the book and the oath of the witness supplement each other. The book was really a part of the oath, *655and, therefore, admissible with it in evidence. 1 Greenl. Ev., see. 437, (12th ed.) and note 3.

¶2Motion overruled.

West, J., did not sit in the case, having formerly been of counsel.
/21/ohiost(ns)/653 · .json · Public domain