Thomas v. State

CONCURRING OPINION

Lybrook, J.

While I concur in the result reached by the majority, I conclude that the trial court was in error in restricting the cross-examination of the State’s witness. Since there was ample evidence shown by two other witnesses, I further conclude that the error was harmless.

After Goebel testified for the State the defendant had every right to cross-examine him completely as to his relationship with the State. The fact that he was under a suspended sentence should not have been kept from the jury, particularly when considered with both his past record and the pending…