Torts · MBE-tested

United States v. Dennis Long

1 D.C. 3731 Cranch 373·United States District Court for the District of Columbia·1806

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Opinion

United States v. Dennis Long. Upon an indictment for assault and battery of a constable, in the execution of his duty in serving a warrant, parol evidence of its contents cannot be given, unless it be lost or destroyed, &c. Indictment for assault upon a constable, in the execution of his duty. The United States proved that the warrant had been given by the constable to one John Palmer, who was not summoned as a witness. [MAJORITY — The Court] The Court refused to suffer parol evidence to go to the jury, of the contents of the warrant, as there was not sufficient evidence to raise a presumption that it was lost, or could not be had. See U. S. v. Pignel, [ante, 310]; U. S. v. Lambell, and U. S. v. Wary, [ante, 312.]