State v. Webb

HERTZ, Circuit Judge.

Defendant was charged with unlawful distribution of a controlled substance on November 1,1975, and November 4,1975, in two separate indictments which were consolidated for trial.

The state’s case was dependent upon an informer’s testimony, since it was he who claimed to have made two separate purchases of a controlled drug from the defendant. The defendant did not testify, but did submit alibi testimony on the first purchase claimed by the state to have been made on November 1, 1975.

During recross-examination of one of defendant’s alibi witnesses, the state’s attorney…