What are the authorities hiding in Missouri? Why NOT cross examine Wilson on the stand?

[woolldog]

56. THIS IS WRONG

You can certainly cross examine a witness you called to the stand as long as the witness qualifies as an adverse witness. You can seek leave from the court to qualify a witness as adverse before questioning begins or during questioning.

In this case the DA could have treated Wilson as a adverse witness and crossed him. He choose not to and treated the eyewitnesses, esp Browns friend as adverse.

"This Court, in the case of London Guarantee & Accident Co. v. Woelfle, supra, at pages 332- 334 of 83 F.2d, pointed out that the extent of permissible cross-examination of a material witness by the party who called him was dependent upon whether the cross-examination would be helpful in ascertaining the truth concerning the issues being tried, and not upon whether the cross-examination would or might discredit the witness or whether the cross-examiner was actually surprised by the witness' testimony. But we also pointed out that case that cross-examination of a witness by the party calling him was susceptible to abuse and that it was within the sound discretion of the trial court to permit the use and to prevent the abuse of such cross-examination." Illinois Terminal R. Co. v. Friedman, 210 F.2d 229, 232 (8th Cir. 1954)