People v. Pete
People v. Pete
Opinion of the Court
Defendant prosecutes this appeal from a judgment and order denying his motion for a new trial, he having been convicted of the crime of grand larceny in stealing a horse.
Errors are insisted upon in the overruling by the court of objections to certain questions asked the defendant upon cross-examination by the district attorney, when the defendant was testifying in his own behalf. These questions were asked for the purpose of laying a foundation in order that the defendant might be impeached by showing that he had made inconsistent statements at other times. It has been held often that when a party attempts to impeach a witness in this way the witness is entitled to have the time, place, and parties present, specified with particularity in order that he may answer with a recollection refreshed as to the conditions surrounding him'at the time it is
For the foregoing reasons the judgment and order are affirmed.
Reference
- Full Case Name
- THE PEOPLE v. PETE alias LITTLE PETE, an Indian
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Cbiminal Law—Evidence—Laying Foundation fob Impeachment of Defendant—Objection upon Appeal.—Questions asked on cross-examination of tiie defendant by the district attorney, in good faith, for the purpose of laying a foundation for the impeachment of the defendant as a witness, by proof of inconsistent statements, and calling his attention to time, place, and parlies present, specified with particularity, are not reprehensible, notwithstanding a claim of the defendant urged upon appeal that they tended to show that he was guilty of another offense, if it appears that the questions were not asked for that purpose, and the permission of them, and of proof of the incousistent statements, is not ground for reversal.