Jackson v. State

Jordan, Presiding Judge.

The defendant appeals a conviction of second degree arson and burglary. Held:

1. Where, as here, the testimony of a witness called by the State, did not surprise, mislead, or deceive the prosecuting attorney who called the witness, the witness having informed the attorney about 15 minutes before being called that he would not follow an earlier extrajudicial statement, it was error to allow the State to impeach the witness under the provisions of Code § 38-1801, as amended, and to allow in evidence for impeachment the extrajudicial statement of the witness. "The law is…