Fay
Fay v. United States
Opinion
Lead Opinion
Dietrich, J.
Plaintiff in error was convicted on four counts, two being for possession of intoxicating liquor at Burley, Idaho, on September 14 and 16, 1926, and the other two, sales at the same place upon each of those days. Erom a judgment on the verdict, he brings error.- Two assignments are argued; one involving the exclusion of evidence, and the other an instruction to the jury.
As bearing upon the credibility of a government witness, counsel for defendant put to him this question; “I will ask you if. it is not a fact that in Brigham City, Utah, * * * you were convicted of a crime about a year and a half ago ?” Upon counsel’s declination to limit the inquiry to a felony, the court sustained the government’s *741 objection. Section 6082, Rev.- Stat. Idaho, 1887, in existence when Idaho became a state and still in force (Comp. Stat. Idaho 1919, §' 8038), provides that “a witness may be impeached by the party against whom he was called, by contradictory evidence, or by evidence that his general reputation for truth, honesty, or integrity is bad, but not by evidence of particular wrongful acts, except that it may he shown by the examination of the witness, or the record of the judgment, that…