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STATE v. WARNER12/26/1967
as an instruction to refrain from exposing themselves to the possible influence of news reports.
We find no error.
Point No. 20. "The court erred in admitting into evidence irrelevant matters which prejudice defendant-appellant."
An examination of the record discloses that testimony of the defendant and his witnesses had made the questions complained of substantially relevant to the issue. Their testimony as to the innocuous nature of defendant's activities during the day and evening in question entitled the State to explore within reasonable limits the circumstances surrounding each of the visits defendant had made. We find no error.
Point No. 22. "The court erred in admitting into evidence State's Exhibit #8."
Defendant had contended that certain dents on his car were caused by his car previously hitting a 32 inch high curb and metal guy wire shield in Hartland. In rebuttal the State introduced testimony to dispute the height of this curb and State's Exhibit #8 was admitted over defendant's objections. It purports to be a close-up view of the curb and wire shield and it shows what appears to be a yardstick being held by a person beside the shield. The defendant contends that the State should have been required to present proof of the accuracy of the measurement shown on the yardstick. Here the presiding justice heard the article in the picture described as "a 36 inch yardstick" by the witness who took the photograph. The rule of practice is firmly established here as elsewhere that the admission or exclusion of photographs is within the discretion of the court, not to be disturbed on exceptions unless abused. State v. Bobb, 138 Me. 242, 25 A.2d 229 (1942); State v. Duguay, 158 Me. 61, 178 A.2d 129 (1962); Public Utilities Commission v. Cole's Express, 153 Me. 487, 493, 138 A.2d 466, 469 (1958).
There was no abuse of discretion in admitting the photograph.
Point No. 23. "The court erred in admitting into evidence hearsay and prior inconsistent statements without first asking the witness whether the witness previously made such a statement."
In his brief the defendant complains of the subjects as to which the witness testified in direct and cross-examination and as to which the state sought to contradict her through rebuttal testimony of Capt. Drost.
Examination of the trial transcript convinces us that the county attorney in fact followed the exact procedure which defendant's Point on Appeal suggests he should have followed, and that there was
It is a well recognized exception to the hearsay rule that when a witness has testified to material facts, any acts or declarations of his, appearing inconsistent, are competent impeachment. Audibert v. Michaud, 119 Me. 295, 111 A. 305 (1920); Mitchell v. Mitchell, 136 Me. 406, 11 A.2d 898 (1940); State v. Mosley, 133 Me. 168, 175 A. 307 (1934); State v. Hume, 146 Me. 129, 142, 78 A.2d 496 (1951).
Point No. 24. "The court erred in admitting into evidence the fruits of unconstitutional and illegal arrests."
Officer Nelson testified that he placed the defendant under arrest for driving while under the influence in front of the dooryard in Fairfield. Following the arrest he and other officers made certain observations of the defendant and his vehicle and had conversations with him which were admitted into evidence. The defendant contends that this arrest was unlawful. It was a lawful arrest if the officer had probable cause for the arrest. "Probable cause" is synonymous with "reasonable grounds". State v. MacKenzie, 161 Me. 123, 210 A.2d 24 (1965). Probable cause has been defined as the evidence required to persuade a man o
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