82 Ala. 16 | Ala. | 1886
— Defendant’s counsel claimed the right to ask a witness, with a view to his contradiction, what he testified as to certain matters on the preliminary trial before the committing magisti’ate ; and after the witness answered, to read his previous testimony as to such matters to the jury. The evidence of the witness given before the magistrate had been reduced to writing, and was in the possession of the examining counsel. The court ruled, that the proper mode of examination was to read to the witness his testimony on the preliminary trial, and ask him if he did so testify. The general rule is well settled, that a witness can not be impeached by proof of contradictory statements made under oath or otherwise, without first laying a proper
There is no error in the rulings of the court not specially noticed.
Affirmed.