Commonwealth v. Lincoln

110 Mass. 410

Opinion

Gray, J.

The conviction of Seneca Lincoln was rightly ruled to be incompetent evidence upon the trial of this indictment, except upon the question of his credibility as a witness. 1st. Because it was res inter alios, the present defendant not having been a party to that case. The King v. Warden of the Fleet, 12 Mod. 337, 339; S. C. Holt, 133, 135. Gibson v. McCarty, Cas. temp. Hardw. 311. Brownsword v. Edwards, 2 Ves. Sen. 243, 246. Patterson v. Gaines, 6 How. 550, 586. Mead v. Boston, 3 Cush. 404, 407. 1 Greenl. Ev. § 537. 2d. Because, if admitted, it had no tendency to prove that the assault by Seneca upon the defendant was prior to the defendant’s assault upon him. Exceptions overruled.