A Treatise on the Law of Criminal Evidence; Including the Rules Regulating the Proper Presentation of Evidence and Its Relevancy, the Mode of Proof in Particular Classes of Crimes, and the Competency and Examination of Witnesses with
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...unwilling witnesses against him was manifest from their relations to him and from their apparent lack of recollection. It was, therefore, permissible for the district attorney to ply them with leading questions, and even to cross-examine them." People v. Sexton, 187 N. Y. 495, 80 N. E. 396, 116 Am. St. 621. "Coon v. People, 99 M. 368, 39 Am. 28; Mann v. State, 23 Fla. 610, 3 So. 207; Navarro v. State, 24 Tex. App. 378, 6 S. W. 542; Cassem v. Galvin, 158 111. 30, 41 N. E. 1087; Barker v. State, I Ga. App. 286, 57 S. E. 99 n Hodge v. State, 26 Fla. n, 7 So. sally recognized, and it would seem that the tender age of a witness may furnish a reason why leading questions should not be asked, because of the ease with which young persons and children may be misled thereby.12 Leading questions may also be put to a witness whose memory, while clear and strong, as regards the main facts of a complicated transaction, is weak and indistinct as to minor accompanying facts, such as places or dates.18 So, to refresh the memory of one's own witness, counsel may ask if the witness did not at some prior date state facts which may be inconsistent with his present testimony.14 If the memory of a witness is faint, he may be plied with leading questions on unimportant and irrelevant, but suggestive facts. He may be asked what his uniform habit or routine of acting was in connection with certain transactions, if the evidence of the unimportant fact or routine suggests to him a relevant but forgotten fact.15 In the introductory portion of the direct examination, leading questions are allowed. Thus counsel are permitted, instead of asking what was said, to ask a witness whether specific statements were made 593; Poison v. State, 137 Ind. 519, 35 N. E. 907;...
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