Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...in such case to allow evidence of the general reputation and character of the person assailed as to his quarrelsome or dangerous disposition. 2. Where a defendant in an indictment is sworn as a witness. and testifles in his own behalf, having elected so to do under the statute, he occupies precisely the same position as any other witness. 3. A cross-examiner is allowed, subject to the discretion of the court, to inquire about collateral matters for the purpose of impairing the credit of a witness, but the answers of the witness are conclusive. He cannot be cross-examined upon such matters merely for the purpose of contradicting him by other evidence. ' Error to District Court of Lake County. THE case is stated in the opinion. Mr. LOUIS BRANSON, for plaintiff in error. CHARLES H. TOLL, Attorney General, for the people. HELM, J. The defense in this case undertakes to establish an alibi. No effort is made by defendant to show justification, or to explain the circumstances surrounding the transaction. The only testimony as to the assault is that of the prosecuting witness O'Neal, and he is uncontradicted, save as to the question of identity. This testi mony establishes an unprovoked, premeditated and inhuman attempt to assassinate him. O'Neal is the first witness. At the time of his crossexamination, no controversy or uncertainty appeared in the case, even as to defendant's identity with the assailant. Yet on this cross-examination an efiort was made to draw from him testimony as to the number of his employees at the time of the attempt upon his life, and his quarrels and difficulties with them. We think this evidence was properly rejected. If it ever became material, certainly at that stage of the trial it was not. When a...