Impeachment by prior inconsistent statement
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 57 U.S. 38 - Frederic Conrad v. David Griffey · 1853Most cited · 30 citing opinions
The rule is well settled in England, that a witness cannot be impeached by showing that he had made contradictory statements from those sworn to, unless on his examination he was asked whether he had not made such statements to the individuals by whom the proof was expected to be given.… This rule is founded upon common sense, and is essential to protect the character of a witness. His memory is refreshed by the necessary inquiries, which enables him to explain the statements referred to, and show they were made under a mistake, or that there was no discrepancy between them and his testimony.