Reports of Cases Determined in the District Courts of Appeal of ..., volume 43

Cover Reports of Cases Determined in the District Courts of Appeal of ..., volume 43
Reports of Cases Determined in the District Courts of Appeal of ..., volume 43
Bancroft-Whitney Company
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the court permitted an answer to be returned thereto. The witness answered, "Wing said he thought I saved his life and I told him I thought that it was a good thing that I came over there. That is the way I said it." It is now argued that the ruling involved error highly prejudicial to the rights of the accused.
The question was obviously for impeachment purposes and to lay the foundation for counteracting the effect of the testimony of the witness, Frazier, tending to indicate that the defenda
...nt had in mind no criminal purpose in going to Wing's house but went there merely to have "some fun" at Wing's expense, and we think that the question was proper cross-examination for that purpose. The general trend of Frazier 's testimony was that the whole matter was intended by the defendant as a joke, while the statement which the district attorney undertook to make him admit that he made to Wing after the trouble had ended would show, if he made it, that he regarded the episode as more than a joke — as, indeed, so serious that, in his opinion, but for his presence in the house at the time the defendant might have taken the life of or seriously injured Wing.

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