[Download] "Bracken v. Cato" by Fifth Circuit Circuit Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Bracken v. Cato
- Author : Fifth Circuit Circuit Court Of Appeals
- Release Date : January 21, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
On Rehearing. In the opinion in this case it is stated: ""The plaintiffs called the sheriff as a witness, but merely proved by him that Ramsay had charge of the jail. On cross-examination the sheriff testified that Ramsay told him he killed Bracken in self-defense and to prevent an assault upon him."" According to the bill of exceptions, the sheriff's entire testimony was given ""on the examination by the plaintiffs."" The point now made is that as that testimony was brought out on direct examination it was admissible and was entitled to due weight as evidence, under the authority of Diaz v. United States, 223 U.S. 442, 32 S. Ct. 250, 56 L. Ed. 500, Ann. Cas. 1913C, 1138, although it might have been hearsay, as we held it was. The question thus raised could become material only in the event the plaintiffs in the action should offer upon another trial the testimony of the sheriff given on the trial here under review. The evidence as a whole was sufficient to take the case to the jury, and whether the sheriff's testimony relating to Ramsay's statement was offered on the direct or the cross examination would not in our view entitle appellees to an affirmance of the judgment.