King v. People
| Decision Date | 01 April 1918 |
| Docket Number | 9241. |
| Citation | 64 Colo. 398,172 P. 8 |
| Parties | KING v. PEOPLE. |
| Court | Colorado Supreme Court |
Error to District Court, Prowers County; A. Watson McHendrie Judge.
Roy King was convicted of larceny, and brings error. Reversed and remanded.
Gordon & Gordon, of Lamar, for plaintiff in error.
Leslie E. Hubbard, Atty. Gen. (J. W. Kelley, of Denver, of counsel) for the People.
Defendant King was convicted in the district court of Prowers county under an information charging him with the larceny of live stock, the transaction occurring, according to the people's evidence, November 23, 1916, and he brings the case here for review.
The only assignment of error necessary to be considered relates to the attempted impeachment of defendant as a witness in his own behalf, on a matter immaterial to the issue on trial. Defendant when on the witness stand denied in chief that he had taken any part in butchering the animal in question, but testified that he had assisted in butchering a hog. He was then asked: 'Did you at any time butcher any beef?' to which he replied: 'No, sir; I didn't.' On his cross-examination, the following occurred:
In rebuttal, for the purpose of impeachment, the state called Miss O'Dell as a witness, who was permitted to testify over defendant's objection, that she had had such a...
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Young v. Colorado Nat. Bank of Denver
...arose would be equally without impeaching quality. Impeachment of a witness must be upon matter material to the trial. King v. People, 64 Colo. 398, 172 P. 8; McKee v. People, 69 Colo. 580, 195 P. 649; Davis v. Bonebrake, 135 Colo. 506, 313 P.2d 982. What is matter material to the trial? In......
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Silcott v. People
...1968. This court has often held that the impeachment of a witness must be upon matters material to the issues on trial. King v. People, 64 Colo. 398, 172 P. 8 (1918); and Huggins v. Campbell, 130 Colo. 183, 274 P.2d 324 (1954). Moreover, a witness may not be impeached on cross-examination u......
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Huggins v. Campbell, 17230
...292, 126 P. 276. It is fundamental that the impeachment of a witness must be upon a matter material to the issue on trial. King v. People, 64 Colo. 398, 172 P. 8. All of this occurred after a direct ruling by the court in chambers to the effect that counsel for respondent could ask petition......
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Montgomery v. People
... ... right, and to deprive one thereof may result in prejudicial ... error. It is equally true--and all the Colorado decisions ... support the rule--that one may not attack the credibility of ... a witness on either direct or cross-examination upon an ... immaterial matter. King v. People, 64 Colo. 398, 172 ... P. 8; O'Chiato v. People, 73 Colo. 192, 214 P ... 404; Gizewski v. People, 78 Colo. 123, 239 P. 1026 ... Here, in each instance, the questions propounded by ... defendant's counsel on cross-examination were upon ... matters wholly immaterial to any issue in ... ...