State v. Hite

Citations

• 24 N.M. 23
• 172 P. 419

Syllabus

<p>SYLLABUS BY THE' COURT.</p> <p>1. Under the provisions of section. 2180, Code 1915, the state, when a witness proves adverse in the opinion of the trial court, may prove that the witness made at other times a statement inconsistent with his present testimony, providing-the circumstances of the supposed statement sufficient to designate the particular occasion are mentioned to the witness, and he is asked whether or not he did in fact make such statement.</p> <p>P. 26</p> <p>2. The mere fact that a witness has failed to testify as expected does not warrant impeaching him by proof of prior statements in conformity to what he was expected to testify; but proof of prior contradictory statements of a party’s own witness is admissible only where the witness has given affirmative testimony hostile or prejudicial to the party by whom he was called; and in such case the proof must be confin,ed to contradictions of the testimony of the witness which is injurious to the party seeking to impeach him.</p> <p>P. 27</p>