State v. Burno

Officer B. L. Finch, a witness for the State, had testi- ■ fied previously. The State had rested, then the defendant, Simon Portee, testified in his own behalf and, among other witnesses testifying for him, was his wife, Victoria Portee. Thereupon, Finch was recalled. He proceeded to testify as to a conversation he had with Simon as to when he had gone home the night of the assault. That evidence was as follows: “Simon said he got in about 11 o’clock and his wife came out to the car where Chief Miller and myself was and I asked her — he was present, standing there — and she said, ‘It was late…