State v. Gowan

¶29 In this case the majority announce a new rule of criminal procedure. Hereafter, if, in a criminal trial, a defense witness, on cross-examination, gratuitously testifies or answers in a non-responsive manner and in so doing vouches for the defendant’s good character when the defendant has not otherwise placed his character in issue, the prosecution must stand mute. The State may not cross-examine further regarding the witness’s character testimony and the State may not offer rebuttal character testimony. Rather, the State may only request the court to direct the witness to confine her…