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- Title
ERROR WITHOUT PREJUDICE.
- Abstract
The article presents information about a court case regarding improper cross-examination. The defendant, while on trial for murder, took the stand in his own behalf. While he was a boy, thirteen years before this trial, he had been convicted of horse stealing, but had been pardoned. Out of hearing of the jury, the defendant's attorney stated these facts to the judge and county attorney, and asked the court to instruct the county attorney not to ask questions seeking to bring out this fact on cross-examination. The court said he had no power to give such instructions, and refused to do so. On cross-examination the county attorney asked defendant if he had not been so convicted. Before the question was answered the county attorney had the minute book showing the prior conviction brought into court. The judge examined the book and then sustained defendant's objection to the question, and instructed the jury not to consider what had just occurred. The court had the power and it was his duty to do so, and he should have used the whole power of the court to enforce his instructions.
- Subjects
CROSS-examination; LEGAL judgments; ACTIONS &; defenses (Law); TRIALS (Law); LAWYERS; EXAMINATION of witnesses; CRIMINAL procedure
- Publication
Journal of the American Institute of Criminal Law & Criminology, 1914, Vol 4, Issue 5, p742
- ISSN
0885-4173
- Publication type
Article