State v. Goodbier

The opinion of the court was delivered by

Miller, J.

The accused, sentenced for assault with intent to commit rape, appeals.

The first bill of exceptions relied on is to the exclusion of proof of statements out of court by the prosecuting witness, contradictory of her testimony. The objection was that the witness had not been *771questioned in reference to such statements, and afforded an opportunity of denial, admission or explanation. The argument for the accused concedes the rule exacting this preliminary basis for proof of such contradictory statements, but insists there is an exception when the…