Attorney General v. Hitchcock (1847) 154 E.R. 38 establishes the common law "Hitchcock Rule" regarding impeachment of a witness and establishing a test for a collateral matter.[1]
| Attorney General v. Hitchcock | |
|---|---|
| Court | Exchequer Court |
| Decided | 10 June 1847 |
| Citation | (1847) I Exch. 91, 154 E.R. 38 |
| Transcript | Full text of judgment |
| Keywords | |
| Hitchcock Rule, Collateral Evidence | |
Case Summary
editHitchcock was charged with the illegal use of an untaxed cistern to make malt by the Attorney General.[2][3]
Collateral Evidence Test
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Hitchcock Rule
editThe Hitchcock Rule (also known as the "Collateral Rule") is a common law rule forbidding the introduction of extrinsic evidence to contradict a witness on a collateral matter.[4][5][6] That is, impeachment of a witness as to a collateral fact can only be accomplished by intrinsic methods such as questioning.[7]
Although this test is not found in the Federal Rules of Evidence explicitly it has been imported from the common law under rules 403 and 611.
References
edit- ^ "Attorney General v Hitchcock". vLex. Retrieved 14 September 2024.
- ^ Meisenholder, Robert (1 October 1947). "EVIDENCE, COMMON SENSE AND COMMON LAW, by John MacArthuir Maguire. Chicago: The Foundation Press, Inc. 1947". University of Miami Law Review. 2 (1): 60.
- ^ Moss, Frederick (1982). "The Sweeping-Claims Exception and the Federal Rules of Evidence". Duke Law Journal. 1982 (1): 61–112. doi:10.2307/1372147. JSTOR 1372147.
- ^ White, Penny. "The Art of Impeachment & Rehabilitation" (PDF).
- ^ ""Collateral Evidence Doctrine," by Unaiza Riaz". www.bowlesrice.com. Retrieved 14 September 2024.
- ^ Ryan, Daniel. "Lecture 8: Competency, Direct, Cross-Examination, Impeachment and Rehabilitation" (PDF).
- ^ Bridges, Don. "Witness Impeachment by Extrinsic Evidence: Objection Sustained or Overruled?" (PDF).