[Download] "Charles Edward Smith v. State Alaska" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Charles Edward Smith v. State Alaska
- Author : Supreme Court of Alaska
- Release Date : January 11, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
DIMOND, Justice. OPINION Appellant was convicted of attempted burglary. On this appeal he contends that the cross-examination of two witnesses for the defense was improper and warrants a reversal of the judgment of conviction and a new trial. The attempted burglary took place at a florist shop. Across the street was a house designated as 730 D Street. A witness for the defense, Robert Thomas, testified on direct examination that he had rented the house as a recreational center and card room, and that he had an agreement with appellant and a man named Wagner whereby they provided some financial support for the card game operation. On cross-examination Thomas was asked whether the card game operation constituted a ""little gambling"". At that point defense counsel asked the court to instruct the witness as to his constitutional rights concerning the privilege against self-incrimination. The court then did so instruct the witness in the presence of the jury. Later on cross-examination, over the objections of appellant's counsel, the prosecuting attorney questioned Thomas concerning the kind of card games that were played at 730 D Street, whether or not the games were profitable, and whether Thomas had told a police officer that he planned to terminate the games and his partnership arrangement with appellant and Wagner.