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70 Mass. 535

Commonwealth v. Welsh

Massachusetts Supreme Judicial Court

Decided October 15, 1855

Massachusetts Supreme Judicial Court · decided 1855-10-15

<p>A witness who has testified in chief that he does not know certain facts, cannot, although he shows a disposition to conceal what lie knows, be asked by the party calling him whether he did not on a former occasion swear to his knowledge of those facts.</p>

Decided 1855-10-15

Shaw, C. J.

¶1The evidence of what the witness testified before the grand jury ought not to have been received. It bore upon no question pertinent to the issue. It was not to neutralize the effect of evidence given by the witness against the party calling him; for the witness had given none. It could only be to disparage the witness, and show him unworthy of credit with the jury, which was inadmissible.

¶2 Exceptions sustained

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