State v. Stewart

Bernard Stewart appeals from a conviction on 2 counts of carnal knowledge with his 17%-year-old stepdaughter, allegedly committed on July 25th and 27th of 1968.

The primary issue on appeal is whether the state, without showing surprise or prejudice, may impeach its own witness.

After offering testimony by the victim establishing the two alleged incidents of carnal knowledge, the state called to the stand her mother — defendant’s wife. During her testimony the following ensued:

Q Did you ever find blood on Mr. Stewart’s shorts? A No, I did not. Q Did you tell the police you found blood on Mr.…