People v. Hurst

Norwood Hurst and Carolyn Kelker1 were jointly tried and convicted of manslaughter in the death of their 18-month-old daughter, Evelyn.

Hurst appealed2 contending the prosecutor misused a separate record and offer of proof to impeach Kelker’s testimony with prior inconsistent statements and to threaten her with a perjury charge after he had stipulated, prior to joinder of the two informations for trial, not to use any statement of either defendant.

The Court of Appeals, stating that the prosecu*4tor’s stipulation could not be used by the defendants as a license to commit perjury, affirmed.

We…