30 Mich. 384 | Mich. | 1874
The only exception which requires to be noticed relates to the admission of testimony for the prosecution, to prove a conversation between one Wood, the people’s witness, and one Highton.
Wood had testified in chief, that he searched near High-ton’s house for the stolen property, and found a coffee-pot (which Hollon, the alleged owner, from whom it was stolen, identified as his), and also a pair of pants. The prosecuting attorney then ashed Wood, by whose direction he searched there, and he replied, “by Highton’s.” He was then cross-examined by defendant’s counsel, and swore to what occurred between him and Highton at the time, and explained the inducements held out to Highton to disclose. But the witness did not assume to detail the conversation
We express no opinion' whether the same result would have followed if the defendant had set up a defense by way of confession and avoidance,, and, while having the witness on cross-examination, had gone into new matter to establish such defense, and in this manner had brought out part of a conversation between the witness and a third person. Such is not the question here.
The judgment against the plaintiff in error must be reversed, and a new trial awarded.