Legal Opinion · Dissent

State v. Williams

Washington Supreme Court

Decided August 4, 1949No. 30819Published

1DissentSimpson, J.

(dissenting) — The majority opinion admits that the trial court was in error in refusing to allow witnesses to testify concerning statements made to them by appellant, but holds that appellant cannot complain because of the fact that his attorney did not make an offer of proof. I maintain that the rule relative to the necessity of making an offer of proof does not apply in this case, because of the recognized exception to the rule. That exception obtains when the proof sought to be elicited is implicit in the question itself, or when the court definitely rules, as it did on several occasions…

2Cases cited16 opinions

  1. Parrish v. StateSupreme Court of Alabama · 1903
  2. Hartnett v. Boston StoreIllinois Supreme Court · 1914
  3. Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
  4. B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
  5. Buckstaff v. RussellSupreme Court of the United States · 1894

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