Territory v. Kekipi

Citations

• 24 Haw. 500
• 1918 Haw. LEXIS 10

Syllabus

<p>Evidence — objections—motion to strike out testimony.</p> <p>One cannot take his chances of advantage by not objecting to questions which clearly call for improper evidence and if disappointed in the answer then move to strike out the testimony.</p> <p>Same — right of trial judge to ash questions.</p> <p>The trial judge should never assume the duties of counsel, but if at any time he becomes convinced that the witness has misunderstood the questions propounded by either counsel and as a result of such misunderstanding the import of his testimony is in doubt it is not only his privilege but his duty to ask such questions of the witness as are necessary to remove such doubt and fully develop the truth in the case.</p> <p>Same — same.</p> <p>The trial judge should not in the examination of a witness intimate any opinion upon the facts, assume the prisoner’s guilt, or use any expression calculated to prejudice the rights of either party.</p> <p>Same — same—leading questions.</p> <p>It is not a valid objection that the court in examining a witness has asked a leading question. Since the court may in its discretion allow leading questions it may in the proper exercise of its right to ask questions also ask leading questions.</p>