State v. Carter

Citations

• 21 N.M. 166
• 153 P. 271

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>' 1. Tbe general rule upon the subject of cross-examination of witnesses is that such examination can only relate to facts and circumstances connected with the matter staceu in the direct examination of the witness.</p> <p>P. 170</p> <p>2. It is recognized that from the necessity of the case the method and extent of the cross-examination must depend very largely upon the discretion of the trial judge; and this is especially true where the object is to test the accuracy and credibility of the witness.</p> <p>P. 170</p> <p>3. Por the purpose of testing the credibility of a witness; it is permissible to investigate the situation of the witness with respect to the parties and to the subject of litigation, his interest, his motives, inclinations, and prejudices, his means of obtaining a correct and certain knowledge of the facts to which he bears testimony, the manner in which he has used those means, his powers of discernment, memory, and description.</p> <p>P. 170</p> <p>4. Questions propounded to a witness on cross-examination as to what another witness had testified at a preliminary hearing in the cause was not proper cross-examination, and cannot be justified upon the theory of testing the accuracy and credibility of a witness.</p> <p>P. 171</p>