Shaver

Defendant has been convicted of the crime of manslaughter, and, upon appeal, asks for a new trial based upon certain exceptions taken to the rulings of the court.

One Rignalda was an important witness for the prosecution. At the coroner’s inquest and upon other occasions he testified to certain statements made by the defendant a short time prior to the homicide. At the present trial he testified that defendant said in substance: “I will go home and get a gun and fix him..” Upon cross-examination, the attorney for defendant endeavored to show by his evidence given at the former hearings that he now gave such evidence for the first time, and thus discredit him. In rebuttal, under objection, the witness stated that the reason he gave such evidence for the first time was owing to a conversation he had with defendant’s attorney soon after the homicide, wherein, after stating to this attorney what his evidence would be, the attorney said, “You are not a very good witness for the defense. This is damaging testimony you are giving, but you do not have to answer only just the questions that are asked you.” “He said that I did not have to volunteer any testimony. I had only to answer the…