State v. Bendoly

Gregory, Justice:

Appellants Avram Bendoly, Alexander Okner and Aleksey Vainbrum were convicted of conspiracy and assault and battery of a high and aggravated nature and each was sentenced to life imprisonment for conspiracy and ten years imprisonment for assault and battery of a high and aggravated nature. We reverse.

First, appellants contend the trial judge erred.by declaring a witness for the State hostile and permitting the State to impeach the witness.

The rule in this State is that a party cannot impeach his own witness except when the witness proves hostile or recalcitrant. State v.…