State v. Stingley

(dissenting) — It is difficult for me to understand the reasoning of the majority opinion.

Conceding that proper objections were made by appellant to the introduction of contradictory evidence on behalf of the state so that the court was apprised of the exact grounds of the objections, which is doubtful, the testimony of the two boys was affirmative, not negative; was injurious to the state and undoubtedly surprising to the state. All the preliminary examination of the boys shows that. The capacity of the boy Preston, who was before the jury, was for the jury to determine. To my mind, after…