State v. Phillips

The appellant was convicted of the crime of selling intoxicating liquor, and from a judgment and sentence of the court on the verdict this appeal is prosecuted.

It was alleged that the crime was committed on May 26,1925. At the trial, the state called one Walter Kelly as a witness. It soon developed that he was evasive; indeed, the prosecuting attorney claimed, and the trial court was satisfied, that the witness was hostile. Thereupon and over the objections of the appellant, the state was allowed to ask the witness leading questions for the avowed purpose of impeachment. Among them were the…