People v. Malicoat

NOURSE, P. J.

I dissent.

The witness was lying and it was not only the privilege but the duty of the district attorney to convince the jury that she was lying. The cross-examination covering inconsistent statements was directed to that end.

A petition for a rehearing was denied February 4, 1949, and respondent’s petition for a hearing by the Supreme Court was denied February 17, 1949. Edmonds, J., and Traynor, J., voted for a hearing.