McDermott v. Lankenau

Hines, J.,

dissenting. 1. I can not agree to the ruling made in the 6th division of the opinion in this case. This ruling is based upon the overruling o£ the objection of plaintiff to the admission of the letter which is set out in this headnote. This ruling is based upon the ground that a witness can not be impeached by a specific oral charge of larceny, where no indictment and record of conviction are offered. This objection was not urged to the admission of this letter. Its admission was objected to upon the ground that it was irrelevant and immaterial, and not the basis of impeachment of…