Elrod v. Ashton

Citations

• 14 S.D. 350
• 85 N.W. 599
• 1901 S.D. LEXIS 25

Syllabus

<p>1. An instruction that a witness is impeached if he is shown to have made material statements out of court other than those sworn to, is erroneous, since such statements must be contradictory in order to authorise a finding that he has sworn falsely concerning a material matter.</p> <p>2. Where an erorneous instruction on impeachment would authorize the jury to refuse to credit the testimony of a witness whose evidence is necessary to create a reasonable doubt upon a vital point in controversy, its giving is not harmless error.</p> <p>Cjoeson, J. dissenting.</p>