State v. Owenby

The appellant, Earl Owenby, was convicted by a jury of armed robbery and was sentenced to serve a term of eighteen (18) years in prison. He appeals, setting forth four alleged grounds of error as a basis for a new trial. We discuss only one.

In the trial of the case, witness Cook was testifying for the State and was being cross-examined by defense counsel. Cook had previously testified in the same court concerning the same facts in another case. The defendant’s attorney sought to impeach Cook’s credibility by questioning him relative to testimony in the previous trial alleged to be in conflict…