State v. Wiggins

The opinion of the court was delivered by

Nicholls, O. J.

The defendant in this ease complains that the district judge permitted the district attorney, after both sides had closed their case, to recall one of his witnesses who had been discharged, and on such recall to propound to him, for the first time, questions to serve as a basis for impeaching his testimony.

It would appear that the trial judge, not being able to remember as a fact whether such questions had been asked, allowed the witness to be again placed on the stand and a foundation for impeachment to be then laid. The bill of…