State v. Wilson

Citations

• 4 S.D. 535
• 57 N.W. 338
• 1894 S.D. LEXIS 7

Syllabus

<p>1. Upon the trial of a criminal action a witness for the state was asked on cross-examination if he did not admit on the preliminary examination that he had, and had expressed, a feeling against the prisoner. He answered, “No, sir. I testified on the preliminary examination, and upon a direct question, that I thought the prisoner was guilty.” Question by defendant: “And you formed that opinion, then, in advance of any trial?” The witness answered that he did. Held, that neither these questions nor answers entitled the state to show by him on redirect examination what his opinion was at the time of the trial, as to defendant’s guilt or innocence, and that allowing the state to ask, and the witness to answer, against defendant’s objection, the direct question if he still had the opinion that the defendant was guilty, was prejudicial error.</p> <p>(Syllabus by the Court.</p>