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6 Ohio Law. Abs. 372

160 N.E 500

Gaskins v. State

Ohio Court of Appeals

Decided July 1, 1928

Ohio Court of Appeals · decided 1928-07-01

Decided 1928-07-01

CUSHING, J.

¶1Witness sought to be impeached must be questioned as to time, place, and persons, involved in supposed contradiction and whether such statement was made, and, when impeaching witness is called, party calling him cannot inquire as to any other facts except those relied on to effect impeachment.

¶2In prosecution for abortion resulting in death, admission in evidence as dying declaration of testimony that deceased had twice declared that she was going to die, that she did not wish to deceive witness, and that doctor whom she named had opened her womb, was not error.

¶3In prosecution for abortion resulting in death, cross examination of impeaching witness which went beyond matter testified to for purpose of impeachment and tended to connect accused with, offense was not error.

(Hamilton, PJ., concurs. Buchwalter, J., not participating.)

¶4For reference to full opinion, see Omnibus Index, last page, this issue.

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