People v. Hurwich

I do not agree with Mr. Justice WIEST that the record presents reversible error.

I agree that the question asked of witness Miller, quoted by Mr. Justice WIEST, should not have been propounded. Miller's testimony was not so important as to justify the people in hazarding possible arousal of racial prejudice and consequent reversible error. But the question was competent as a prior inconsistent statement of the witness, as is made apparent by its setting.

An important issue was whether a fire would have profited defendants. There was considerable evidence that the business was a losing venture,…