State v. Boice

Citations

• 114 La. 856
• 38 So. 584
• 1905 La. LEXIS 555

Syllabus

<p>CEIMIN AL LAW — WITNESS—CEO SS -EX AMINATIO N~ —IMPEACHMENT OE WITNESS.</p> <p>1. While much latitude is permitted to the defense on the cross-examination of state witnesses, counsel is not allowed to ask a question which assumes that a certain fact had been testified to, when such was not the truth.</p> <p>2. While the state cannot impeach its own witnesses, it is not committed to every statement which is made by them. It can explain or place before the jury, through other witnesses, the exact facts as to matters so testified to. State v. Vickers, 18 South. 639, 47 La. Ann. 1574; State v. Pruett, 21 South. 842, 49 La. Ann. 283-291; State v. Duplechain, 26 South. 1000, 52 La. Ann. 448.</p> <p>This may be done, in the interest of justice, with the leave of the court, after the state has: closed its case.</p> <p>(Syllabus by the Court.)</p>