Webb v. Com.
| Decision Date | 20 June 1958 |
| Citation | 314 S.W.2d 543 |
| Parties | Reed WEBB, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Thomas D. Shumate, Shumate & Shumate, Richmond, for appellant.
Jo M. Ferguson, Atty. Gen., David B. Sebree, Asst. Atty. Gen., for appellee.
Reed Webb was indicted for the crime of murder of his father. He was found guilty of voluntary manslaughter and sentenced to serve fifteen years in the state penitentiary. On appeal, he urges that the trial court erred in permitting the prosecution to impeach its own witness and in refusing to permit appellant to ask certain questions of prospective jurors on voir dire examination.
The first question on appeal concerns the testimony of Bobby Webb, a witness for the Commonwealth and brother of the appellant and son of the deceased. This witness was asked on direct examination concerning various statements allegedly made by him immediately after the homicide to two law enforcement officers. The statements involved a material factual issue in the case. The witness gave replies to the effect that he did not know or remember. As illustrative of the answers, the following are quoted: 'No, I don't know if I did * * * I don't know * * * I don't remember if I did * * * Not as I remember * * * Not as I remember I don't * * * No, sir, I don't remember.' The prosecution made repeated efforts to get the witness to admit that he made the statements but each time received a similar reply to the effect that he did not remember.
Later, the prosecution introduced the two officers to whom the alleged statements were made, and, over objection, they were permitted to testify concerning the statements allegedly made by Bobby Webb. The evidence was permitted to be introduced on the theory that the prosecution was impeaching a hostile witness. The jury was so admonished. Appellant contends that this evidence was improperly admitted and was prejudicial.
The rule was early stated to be that where a witness merely fails to prove what is expected, the party cannot make substantive evidence by proving the previous statement of the witness. Walkup v. Commonwealth, 20 S.W. 221, 14 Ky.Law Rep. 337. The effect of the rule is to prohibit by the introduction of prior extrajudicial statements the impeachment of one's own witness whose testimony is of a negative nature and who fails to prove what was expected. Click v. Commonwealth, Ky., 269 S.W.2d 203. See also Champ v. Commonwealth, 2 Metc....
To continue reading
Request your trial
-
Ordway v. Commonwealth
...L.Ed.2d 492 (1992)). However, “it is within the trial court's discretion to limit the scope of voir dire.” Id. (citing Webb v. Commonwealth, 314 S.W.2d 543, 545 (Ky.1958)). And, appellate review of such a limitation is one for an abuse of discretion. Hayes v. Commonwealth, 175 S.W.3d 574, 5......
-
Hayes v. Com.
...scope of voir dire, that discretion is not boundless. Appellate review of such limitation is for abuse of discretion. Webb v. Commonwealth, 314 S.W.2d 543, 545 (Ky.1958) (trial court abused discretion by not permitting defendant being tried for the murder of his father to examine jurors on ......
-
Harry v. Commonwealth of Ky.
...“it is within the trial court's discretion to limit the scope of voir dire.” Fields, 274 S.W.3d at 393 ( citing Webb v. Commonwealth, 314 S.W.2d 543, 545 (Ky.1958)). And, appellate review of such a limitation is one for an abuse of discretion. Hayes v. Commonwealth, 175 S.W.3d 574, 583 (Ky.......
-
Dunlap v. Commonwealth
..."it is within the trial court's discretion to limit the scope of voir dire." Fields, 274 S.W.3d at 393 (citing Webb v. Commonwealth, 314 S.W.2d 543, 545 (Ky. 1958)). Appellate review of such a limitation is one for an abuse of discretion. Hayes v. Commonwealth, 175 S.W.3d 574, 583 (Ky. 2005......