State v. Irwin

Citations

• 9 Idaho 35
• 71 P. 608
• 60 L.R.A. 716
• 1903 Ida. LEXIS 5

Syllabus

<p>Misconduct of Pbosecutob — Imputing Other Crimes, ro Defendant —Admission of Evidence — Prejudicial Error — Duty op Pbosecutob. — Where an assistant prosecutor asks the son of the accused, on cross-examination, if he had not stated to A. that he suspected his father of having committed a similar offense with other girls, one a member of his family, and that sueli conduct on the part of the accused caused the death of witness’ another, and that if at such conversation witness did not cry> and say, “I can’t go against my father, even if he is guilty,” and repeatedly asks substantially the same questions, such conduct of the prosecutor is reversible error. Such questions are improper cross-examination, and should not be allowed under the guise of impeaching the witness. It is- the duty of the prosecutor to see that á defendant has a fair trial, and that nothing but competent evidence is submitted to the jury; andi above all things he should guard against anything that would prejudice the minds of the jurors, and tend to hinder them from considering only the evidence introduced. He should never seek by any artifice to warp the minds of the jurors by inference and insinuations.</p> <p>(Syllabus by the court.)</p>