Constantine v. Grenier

Decision Date05 November 1924
Citation127 A. 656
PartiesCONSTANTINE v. GRENIER.
CourtNew Hampshire Supreme Court

Exceptions from Superior Court, Hillsborough County; Branch, Judge.

Trespass vi et armis by Wayne W. Constantine against Joseph L. Grenier. Plaintiff in cross-examination of defendant was permitted to inquire if defendant had been convicted of violating the liquor laws, and as to the sentence, and defendant excepts. Exception overruled.

John M. Stark, Peter J. King, and Robert W. Upton, all of Concord, for plaintiff.

Arthur B. Hayden, of Manchester, for defendant.

PER CURIAM. "The extent to which an examination of this nature should be carried is settled at the trial. Gutterson v. Morse, 58 N. H. 165." Benoit v. Perkins, 79 N. H. 11, 18, 184 A. 254, 258. The authority relied upon by the defendant (Genest v. Odell Co., 75 N. H. 365, 74 A. 593) is not in point. It relates to the introduction of independent impeaching evidence, and has no application to cross-examination of the witness whose integrity is called in question.

Exception overruled.

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5 cases
  • State v. Sturtevant
    • United States
    • New Hampshire Supreme Court
    • January 3, 1950
    ...upon the issue of credibility. This was proper cross-examination. State v. Travis, 82 N.H. 220, 131 A. 598; See also Constantine v. Grenier, 81 N.H. 550, 551, 127 A. 656. On redirect examination the respondent's counsel undertook to show mitigating circumstances by testimony calculated to c......
  • State v. Grierson
    • United States
    • New Hampshire Supreme Court
    • December 6, 1949
    ...brief where the State sought to introduce independent impeaching evidence and these cases have no application here. Constantine v. Grenier, 81 N.H. 550, 127 A. 656. There is no evidence that the Trial Court abused his discretion, Gutterson v. Morse, 58 N.H. 165, 166, and the defendant's exc......
  • Dodge v. Clair
    • United States
    • New Hampshire Supreme Court
    • March 3, 1964
    ...matter also is purely discretionary with the Court. Coleman v. Burns, 103 N.H. 313, 318, 171 A.2d 33, 93 A.L.R.2d 1; Constantine v. Grenier, 81 N.H. 550, 127 A. 656. The plaintiff had already stated on direct examination what his drinking habits were. No abuse of discretion appears in the C......
  • State v. Duke
    • United States
    • New Hampshire Supreme Court
    • July 6, 1956
    ...line of decisions in this state holds that such inquiries may be permitted within the discretion of the trial court. In Constantine v. Grenier, 81 N.H. 550, 127 A. 656, a case of trespass, counsel was permitted, subject to exception, to cross-examine the defendant for the purpose of discred......
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