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Howard v. Commonwealth

Citations

  • 81 Va. 488
  • 1886 Va. LEXIS 116

Syllabus

<p>1. Criminal Proceedings—Witnesses—Previous statements—Rule.— Proof of statements made by witness out of court, are, in general, inadmissible to corroborate his evidence in court. Oliver v. Commonwealth, 77 Va 590.</p> <p>2. Idem—Idem—Exception.—But where attempt is made to discredit witness by showing malice on his part, growing out of his arrest for an offence, it is admissible to show that witness made the same statement before his arrest that he made in court. Such evidence is original—not hearsay.</p>

Judges: Lewis

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