Andrews v. State

Deen, Chief Judge.

James Andrews brings this appeal following his conviction of first degree arson.

1. The defendant first contends that the trial- court allowed the prosecution to improperly impeach its own witness over his objections. Code § 38-1801 provides in part: “A party may not impeach a witness voluntarily called by him, except where he can *735show to the court that he has been entrapped by said witness by a previous contradictory statement ...” “[F]or ‘entrapment’ under that Code Ann. § 38-1801 to exist, we will not require that the witness’ testimony be a total ‘surprise’ nor that it be…