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Evidence Keyed to Park
Knapp v. State
Citation:168 Ind. 153, 79 N.E. 1076.
Appellant, as a witness in his own behalf, offered testimony tending to show a killing in self-defense. He afterwards testified, presumably for the purpose of showing that he had reason to fear the deceased, that before the killing he had heard that the deceased, who was the marshal of Hagerstown, had clubbed and seriously injured an old man in arresting him, and that he died a short time afterwards. On appellant being asked, on cross-examination, he answered: “Some people around Hagerstown there. I can’t say as to who it was now.” The state was permitted, on rebuttal, to prove by a physician that the old man died of senility and alcoholism. Counsel for appellant contend that it was error to admit this testimony; that the question was as to whether he had, in fact, heard the story, and not as to its truth or falsity.
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