Commonwealth v. Colacino

Opinion by

Keller, J.,

The second assignment of error was withdraw on the argument of this appeal. This leaves only the first, to wit, that the court erred in refusing to allow the defendant to ask the prosecuting witness on cross-examination whether he had not instituted a civil action in trespass against the defendant.

Technically, the question should have been permitted; for it is always competent for a party, against whom a witness is called and gives evidence, to propound such questions, on cross-examination, as may tend to show his interest, bias or feeling in the case: Ott v. Houghton, 30…