SCOTT v. COM.

Record Nos. 1293-92-1, 1406-92-1.

446 S.E.2d 619 (1994)

Phillip SCOTT, s/k/a Phillip A. Scott v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 19, 1994.


Attorney(s) appearing for the Case

Brenda C. Spry, Deputy Public Defender, for appellant.

Kathleen B. Martin, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: BARROW, BENTON and WILLIS, JJ.


BARROW, Judge.

In this appeal of a jury conviction for second degree murder, we hold that one may not attempt to impeach a witness by asking about the witness's alleged misconduct without having a reasonable belief that the allegations of misconduct are true. Therefore, the trial court erred in permitting the prosecutor to ask a defense witness if he had threatened the Commonwealth's witness without determining whether the question was based on a reasonable belief...

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