State v. Burns

297 P. 212 (1931)

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Nature of the Case

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Facts

Burns (D) were retained by a company to determine if money was being embezzled. D confronted an employee of that company, Leland Frease, and accused him of embezzling $6,800. D claimed that the matter had already been arranged with a local judge to send him to jail unless $5,000 was repaid and he confessed to embezzling that much money. D denied guilt, signed the confession, and paid $4,000. Frease testified that he had embezzled no money, and D attempted to cross-examine showing that the evidence lead to the conclusion that D had taken the money That proof was rejected by the court, on the theory that it was immaterial whether or not Frease had embezzled money from his employer. D also undertook to establish by Frease that he had stolen two sacks of corn from his employer's store, to which objection was made, and thereupon the court admonished the jury that he was admitting that particular testimony as affecting the credibility of the witness and for the purpose of impeachment only. D was charged with extortion and convicted.