State v. Tabor

The opinion of the court was delivered by

Doster, C. J. :

This is an appeal from a judgment of conviction of arson. On the trial, one Reynolds, a witness for the state, testified to a material matter substantially different, so the defendant claimed, from his testimony relating to the same matter given on the preliminary examination. The defendant called the county attorney as a witness to impeach the testimony of Reynolds, by proving contrary state*543ments made by Mm on the former trial. The state objected, for the reason that the county attorney “should not be required to make any statement as…