State v. Howard

The appellant has filed two propositions of law. They are as follows:

1. “A defense alibi witness not a party to a criminal proceeding, may be cross-examined for impeachment purposes regarding pre-trial silence to determine if, under the circumstances, that silence was inconsistent with the witness’ testimony at trial.”

2. “The provisions of Criminal Rule 16 (B) (1) (e) providing for discovery by the defendant of the names of witnesses whom the prosecuting attorney intends to call at trial, does r.sic] not include the names of rebuttal witnesses whose testimony becomes relevant for impeachment…