Imlay v. Rogers

Imlay against Rogers

Imlay v. Rogers, 7 N.J.L. 347 (1800)

Court: Supreme Court of New Jersey · State Highest Courts
Decided: February 15, 1800
Citations: 7 N.J.L. 347

Cited by 0

Headnotes

A grand juror cannot be admitted to prove that a witness who has been examined, swore differently before the grand jury.

Summary

This was an action of trespass for burning a vessel. The causo was tried at the Monmouth circuit, in April, 1799, before his Honor Mr. Justice Kirkpatrick. This was a motion for a new trial, on the ground, that his honor had refused to admit one of the members of the grand jury to prove that ---, who had boon examined as a witness on the trial, had sworn differently on his examination before the grand jury, in relation to the same transaction. It was argued by Frelinghuysen, and Johnson, for a new trial, and Griffith against it.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Kinsey, O. J. and Smith, J. for granting a new trial.

Kirkpatrick, J. and Boudinot, J. against it.

Rule discharged. † In Fenwick's ease, in parliament, upon a bill of attainder, a member of the grand jury was admitted to give an account of the testimony upon which they found the indictment, o St. Tr. 72. In an anonymous case before Foster, J., reported Clayt. 84, at York assizes, the judge would not suffer a grand juryman to be produced as a witness, to swear what was given in evidence to them, because he is sworn not to reveal the secrets of his companions. 12 Vin. Abr. title Evidence, II. 1. And m Trials per Pais. 226, it is said, that a clerk attending upon a grand jury shall not be compelled to be a witness to reveal that which was given them in evidence. 12 Vin. Abr. 38, title Evidence B. a. 5.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list