Wagner v. People

The only exception which requires to be noticed relates to the admission of testimony for the prosecution, to prove a conversation between one Wood, the people’s witness, and one Highton.

Wood had testified in chief, that he searched near High-ton’s house for the stolen property, and found a coffee-pot (which Hollon, the alleged owner, from whom it was stolen, identified as his), and also a pair of pants. The prosecuting attorney then ashed Wood, by whose direction he searched there, and he replied, “by Highton’s.” He was then cross-examined by defendant’s counsel, and swore to what occurred…