Pete

Defendant prosecutes this appeal from a judgment and order denying his motion for a new trial, he having been convicted of the crime of grand larceny in stealing a horse.

Errors are insisted upon in the overruling by the court of objections to certain questions asked the defendant upon cross-examination by the district attorney, when the defendant was testifying in his own behalf. These questions were asked for the purpose of laying a foundation in order that the defendant might be impeached by showing that he had made inconsistent statements at other times. It has been held often that when a party attempts to impeach a witness in this way the witness is entitled to have the time, place, and parties present, specified with particularity in order that he may answer with a recollection refreshed as to the conditions surrounding him'at the time it is *374 claimed the statements were made. This is a salutary rule of law, and should he followed in all cases. It is now claimed that the questions addressed to the witness, as bearing upon the place where and the parties present when the statements were made, tended to show the defendant guilty of another offense. If the question or…