Opinion
Decided August, 1877.
When the testimony of a witness, given at a former trial, is in writing and signed by him, no exception lies to the ruling that he cannot be asked, on cross-examination, by counsel having the written testimony, what that testimony was.
INDICTMENT, for murder. The defendant excepted to the ruling that a witness called by the state, whose testimony, given at the magistrate's examination, had been written by the magistrate and signed by the witness, should not be asked, on cross-examination, by counsel having the written testimony, what that testimony was.
Tappan, attorney-general, and Carter, solicitor, for the state.
Copeland, Quarles, and J. H. Hobbs, for the defendant.
The ruling was in accordance with the practice approved in Haines v. R. F. Ins. Co., 52 N.H. 467, and is not subject to exception.
Exception overruled
BINGHAM and ALLEN, JJ., did not sit.