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35 Me. 105

State v. Bonney

Supreme Judicial Court of Maine

Decided July 1, 1853

Supreme Judicial Court of Maine · decided 1853-07-01

On Exceptions from Nisi Prius, Rice, J., presiding. Indictment, for having in possession at one and the same time, ten counterfeit bank bills, with intent, &c. Many legal points were taken, and much testimony introduced.

Decided 1853-07-01

Hathaway, J.

¶1— The bill of exceptions, taken at the trial of the defendant on another indictment, was improperly admitted in evidence.

¶2It was not admissible to contradict Baker, for the case finds that he neither wrote or signed it. No part of it was admissible, for that purpose, in any event, except the report of the testimony of Abbot and Soule, concerning whicli Baker testified.

¶3Upon well established legal principles, the whole bill was inadmissible. It was the report of a criminal trial of the defendant, by which report, it appears, that he was found guilty. Its tendency must have been prejudicial to him with the jury. Exceptions sustained and

¶4a new trial granted.

Shepley, C. J., and Wells, J., concurred.
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