State v. Center

Mr. Associate Justice Stukes

(concurring):

Defendant’s counsel having developed on cross ex-animation, that Leister’s testimony was in conflict with that given by him at the preliminary hearing before the magistrate, I think it was competent to allow this witness to explain the inconsistency. State v. Súber, 82 S. C., 159, 63 S. E., 684. It was permissible for him to state that he had been threatened and was afraid to tell the truth before the magistrate. But over objection of defendant’s counsel, the learned trial Judge permitted the witness to go much further than the statement of the…