105 N.W. 614 | N.D. | 1905
Defendants appeal from a judgment rendered pursuant to a verdict convicting them of the crime of maintaining a nuisance, as defined i-n section 7605, Rev. Codes 1899.
On cross-examination of the complaining witness the defendants-’ counsel sought to show by appropriate questions that the defendant and the witness were members of opposing factions in the
Respondent contends that the line of cross-examination objected to was wholly irrelevant, or was at least on a subject collateral to the issues, and hence that the extent of the cross-examination along that line was a matter resting in the sound discretion of the trial court. He further claims that the cross-examiner was concluded by the witness’ denial of the ill feeling and rivalry, because that subject of inquiry being collateral to the issues could not be used as a basis for impeachment. As already indicated, the testimony
' The defendant had the absolute right to show by cross-examination that the witness entertained hostile feelings against the defendant, or was in such a position with respect to him as to be under temptation to give false or biased testimony. The bare fact that ill feeling existed or that there was a temptation to falsify would be of little aid in determining what effect, if any, those facts
It is urged by respondent that the -evidence for the state clearly established the gui-lt of the 'defendants; and' their testimony was not contradicted either by the defendants themselves, or by any witnesses in their be'half, and therefore no prejudice could have resulted to the -accused from the errors assigned. There are, perhaps, cases where it might be made to appear from the record that an -error like that we have been discussing was without prejudice. This is not such a case, however. What evidence the defendant might have seen fit to- produce, had1 he been permitted to show that the truthfulness of the state’s witnesses was questionable, or what effect the excluded evidence might have had on the minds of the jurors, if it had been- admitted, we have no means of knowing.
The error above discussed requires a reversal, and we do not deem it necessary to discuss the remaining errors assigned.
Judgment reversed, and new trial ordered.