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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.
