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URL: http://www.bailii.org/scot/cases/ScotCS/1751/Mor3816762-186.html
Cite as: [1751] Mor 16762

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[1751] Mor 16762      
Subject_1 WITNESS.

The King's Advocate
 v.
Herds

 Date: 16 July 1751
Case No. No. 186.

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The King's advocate insisting in a complaint against John and David Herds, for forging a bill, adduced as witnesses the alleged acceptors thereof.

Objected, They are inhabile witnesses, as interested in the cause: The complaint directly concludes that the bill should be declared forged; whereby they, by their own deposition, will be freed of their obligation.

Answered, They are no parties to this action; and can directly take nothing by the decreet: When crimes are pursued by the King's advocate, and especially in crimes excepted with regard to the strict rules of evidence, the person lesed is admitted a witness.

The Lords sustained the objection.

 Act. Advocatus. Alt. A. Macdowal. D. Falconer, v. 2. p. 266.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1751/Mor3816762-186.html