52 S.C. 530 | S.C. | 1898
The opinion of the Court was delivered by
The facts of this case are set forth in the decree of his Honor, Judge Klugh. The defendant appealed from said decree upon exceptions, which raise practically but two questions, the first of which is whether the Circuit Judge erred in not sustaining the objection to the testimony as to the immoral connections of the defendant and other witnesses who testified in his behalf, which was introduced for the purpose of showing that the defendant and his other witnesses were not'worthy of belief. .
witness can not testify upon his examination in chief to particular facts; this, however, may be done on cross-examination. State v. Merriman, 34 S. C., 38; State v. Alexander, 2 Mills, 174; Dollard v. Dollard (unreported), 1; Rice’s Dig., 294; 29 Am. & Eng. Enc. of Daw, 797. The exception to the rule is that the witness may testify upon his examination in chief to particular facts, when they are such as directly show that the impeached witness is unworthy of credibility, as in the case of (anonymous), 1 Hill, 251, in which the Court says: “The credit of a witness may be assailed by showing him to be unworthy of credit in a court of justice. This is generally done by proof of bad character. And in proof of this kind, the party assailing the witness can not go into evidence of particular crimes committed by the witness (unless a conviction of felony for the crimen falsi can be produced), and this is what is meant by not being allowed to go into evidence of particular facts to show a want of character. Eor the witness is not supposed to come prepared to answer for every particular act of his life, but to show, on the whole, that he has supported such a character as entitled him to credit. But a generally bad character is not the only mode of discrediting a witness. His examination in court, or contradictory accounts of the same transaction, may authorize a jury to disbelieve him. So, too, the belief of a witness, that he was not bound on oath to tell the truth, would, if coming from his own lips, render him incompetent to be sworn, or, if after he was sworn and had testified, it was proved by another witness, it would constitute a most satisfactory reason why the jury should disbelieve him. The testimony allowed for the purpose of impeaching the testimouy of Nimrod Mitchell, was of this character. It was proved that he had said, ‘that if he heard any man say he would not swear a lie, he would not believe him, for on some particular occasions he would,
This is a case on the equity side of the Court, and, while there was error in allowing testimony to be introduced as to particular facts, the case will not be remanded for a new trial, but the other exceptions will be considered as if such testimony had not been admitted.
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.