State v. Swan , 25 Wash. 2d 319 ( 1946 )

The testimony: "No, he didn't. I am very sure of it," meaning from its context that the appellant did not strike the deceased, is not negative testimony. It is an affirmative defense to the action and is subject to impeachment. See State v. Bogart,21 Wn.2d 765, 153 P.2d 507.

I concur in the result of the opinion.