 | 1921 - 1150 страници
...conclusive, and cannot be subsequently contradicted by way of impeachment by the party putting the question. The test of whether a fact inquired of in cross-examination...a part of his case tending to establish his plea?" See Willis v. State (Cr. App.) 167 Рас. 33.3. We think there Is no different rule In civil and criminal... | |
 | 1918 - 1218 страници
...conclusive and cannot be subsequently contradicted by way of impeachment by the party putting the question. The test of whether a fact inquired of in cross-examination...the cross-examining party be entitled to prove it ns a part of his саде tending to establish his plea? 2. CRIMINAL LAW <S=1170%(1)— WITNESSES <§=>270(2)—... | |
 | 1884 - 1088 страници
...— COLLATERAL MATTKK. The ie>t of whether a fact inquired of in cross-examination is collateral, is. would the cross-examining party be entitled to prove...it as a part of his case, tending to establish his pica? Error from Douglas county. Rtdivk A- KedicH, for plaintiff. The Attorney General, for defendant.... | |
 | 1896 - 1212 страници
...matter. The test of whether the fact inquired of in cross-examluation is collateral is this: "Would the party be entitled to prove it as a part of his case generally to establish his plea?" Hildeburn v. Curran, G5 Га. St. 03; Stokes v. People, 53 N. 1".... | |
 | 1888 - 972 страници
...question. The test of whether a fact inquired of on cross-examination is collateral, it has been said, is this: Would the cross-examining party be entitled...a part of his case, tending to establish his plea? Whart. Grim. Ev. § 484; Welch v. State, 104 Ind. 347. 3 XE Rep. 850. See, also, City of South Bend... | |
 | 1903 - 1254 страници
...collateral to the issue, his answer cannot be subsequently contradicted by the party putting the question. The test of whether a fact Inquired of in cross-examination...part of his case, tending to establish his plea?" Now, when appellant propounded the question to the witness Stringer, shown in the above bill, with... | |
 | 1924 - 1208 страници
...issue, he cannot, as to his answer, be subsequently contradicted by the party putting the question. 'The test of whether a fact inquired of in cross-examination...the cross-examining party be entitled to prove it is a part of his case, tending to establish hie plea?' " See, also, Sexton v. Lockwood (Mo. App.) 207... | |
 | Arkansas. Supreme Court - 1913 - 690 страници
...of whether a fact inquired of in cross examination is collateral is this: "Would the cross examining party be entitled to prove it as a part of his case, tending to establish his plea?" In the case of McArthur v. Slate, 59 Ark. 431, Mr. Justice RIDDICK, speaking for the court, said: "The... | |
 | Arkansas. Supreme Court - 1914 - 652 страници
...of whether a fact inquired of in cross examination is collateral is this ; would the cross examining party be entitled to prove it as a part of his case, tending to establish his plea." The distinction between the Plunkett and Renfroe cases and this case is manifest. Affirmed. CRISMON... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1888 - 680 страници
...inquired of on cross-examination is collateral, it has been said, is this: Would the crostcxamining party be entitled to prove it as a part of his case tending to establish his plea? Wharton Crim. Ev., section 484; Welch v. State, 104 Ind. 347. See, also, City of South Bend v. Hardy,... | |
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The test of whether a fact inquired of in cross-examination is collateral is this: Would the cross-examining party be entitled to prove it as a part of his case tending to establish his plea? 
