
    Carter vs. The People.
    Where, upon the trial of an indictment af material witness for the prisoner, on his cross-examination hy the counsel for the prosecution, admitted that he had been complained of and bound over upon a charge of passing counterfeit money; held, that in answer, the prisoner was entitled to give evidence of the witness’ good character for truth.
    Ón certiorari to the" Oneida general sessions, where Carter was tried and found guilty of perjury. At the trial in the court below, a material witness for the prisoner admitted, on his cross-examination by the counsel for the people, that he had been complained of and bound over on a charge of passing counterfeit money. After this evidence was given, the prisoner’s counsel offered to prove the witness’ good character for truth; but the court rejected the proof, and the prisoner’s counsel excepted.
    
      J. Rug 'cr, for the prisoner,
    
      T. Jenkins, (district attorney,) for the people.
   Per Curiam.

We think the court below erred. Upon the principle established in The People v. Rector, (19 Wend. 569,) the prisoner was entitled to the benefit of the proof offered, and there must be a new trial.

Ordered accordingly.  