Rogers v. Saye

I concur in the ruling in Division 1 but dissent from the ruling in Division 2 and from the judgment of affirmance.

In my opinion the ruling by the majority is based on a total misconception of the issue involved in this case. I know that a charge on impeachment of witnesses must be requested for a failure to charge on it to be reversible error. I also know that impeaching testimony ordinarily cannot establish an affirmative fact and nobody is arguing to the contrary.

The question here is not whether the statement signed by the witness is true or false, but whether it could be considered by the…