People v. Elco

on rehearing.

Grant, J.

A rehearing was granted in this case upon the point upon which it was reversed. Counsel for the people urge that Pearl Arnold was a hostile witness,— one whom they were compelled by the law to call; that they are not bound by her testimony, and may impeach her by showing that she made contradictory statements. This question was not discussed in either opinion rendered at the former hearing. The question is one of importance, and upon it the authorities neither in England nor America are in harmony. Many decisions in both countries hold that a party cannot thus impeach…