This was an indictment for receiving and concealing stolen goods. Plea, not guilty. Verdict and judgment for the state.
The admission of evidence to show what Hite swore to before the grand jury, is the only error assigned. Was this testimony correctly admitted?
In Beauchamp v. The State, 6 Blackf. 299, it was held that “if a witness be impeached by proof of his having previously made statements inconsistent with his testimony, he may be supported by proving other statements made by him in accordance with it.” See, also, Coffin v. Anderson, 4 Blackf. 395.—Jackson v. Etz, 5 Cowen 314.
The plaintiff- admits the force of these authorities; but he contends that a distinction exists between the cases just cited and the one before us. He alleges that “there may be some propriety in receiving evidence of statements made out of Court,” &c., “for it tends to show that the witness that testifies to the conflicting statements may have been mistaken; but nothing of that sort can be implied from this double swearing.” We cannot see the point of distinction sought to be made. What the witness, Hite, had sworn before the grand jury was, in effect, a statement out of Court. It was consistent with his testimony upon the trial, admitted to repel the force of the evidence given to impeach his character for veracity; and
It seems to us that the case presented by the record is, obviously, within the rule laid down in Beauchamp v. The State, supra. The validity of this rule has been denied. Mr. Greenleaf says, “Evidence that he, the witness, has, on other occasions, made statements similar to what he has testified, is not admissible”
The judgment is affirmed with costs.
1 Greenl. Ev., s. 469.