Searway v. United States

HOOK, Circuit Judge.

At the trial of the accused for passing counterfeit coin and having other like coin in his possession with intent to defraud, a witness for the government testified to certain con*717duct at his arrest which tended to show a consciousness of guilt. When asked on cross-examination if he had not sworn to the contrary at the preliminary examination, the witness answered that he did not remember. The accused offered evidence of the prior conflicting statements; but the trial court excluded it, because the witness had made no denial. This was error. The rule is general and well…