Evans v. Barnett

Spruance, J.:

The only question before us is as to whether or not the variance in the time of the conversation on or about the 29th of July, to which McCabe’s attention was directed, and the time of the conversation as fixed by this witness on the 18th of July, is sufficient to prevent the witness answering the question now propounded.

If McCabe had denied that he had had any conversation with this witness on or about the 29th of July, or if there was any doubt that his mind had been directed to that conversation, whether eleven days before or eleven days after, it might present a different…