dissent">

*352Dissenting Opinion

DeBruler, J.

I agree with the majority in its conclusion that it was error for the trial court to permit Officer White to give testimony describing prior inconsistent statements allegedly made by the defense witness Mead, for the purpose of impeaching Mead. No foundation had been made for the purpose of impeaching Mead in this manner. She was not asked in her deposition whether or not those statements had been made by her, and the circumstances under which such statements may have been given were not brought to her attention. This is contrary to the legal requirement of a proper foundation as a condition precedent to the offering of such impeaching testimony. Aikins v. State (1971), 256 Ind. 671, 271 N.E.2d 418.

I cannot, however, agree with the majority in its assessment of the prejudicial effect of Officer White’s testimony. If the jury had believed Mrs. Mead’s version of the events surrounding the alleged homicide, it would probably have acquitted appellant on the grounds that he was acting in self defense in killing Alford. Mrs. Mead contended that appellant had fired the fatal shots while standing in his own room, defending himself from an assault by Alford who was armed with a broken beer bottle. Her version is supported by several important and essentially uncontroverted facts. First, the body of Alford was found by police inside appellant’s room. Second, a broken beer bottle was found in the doorway to the room. Third, in this episode appellant suffered a severe injury to his head requiring stitches as well as two or three cuts in the left shoulder. Under these circumstances, I cannot agree that the error in admitting this impeaching testimony was harmless. I therefore vote to grant a new trial.

Note.—Reported at 316 N.E.2d 367.

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