Smith v. State

The defendant was convicted of assault with intent to murder. He filed a motion for a new trial on the general grounds and one special ground. This motion was overruled. Since the case is reversed on the one special ground, we will not discuss the general grounds.

The State, after having introduced a witness, sought to impeach him under the Code, § 38-1801, which reads as follows: “A party may not impeach a witness voluntarily called by him, except where he can show to the court that he has been entrapped by the witness by a previous contradictory statement.” The solicitor-general stated to…