Can a prosecutor impeach a witness by leading questions implicating the accused in the crime?

Similarly, although a prosecutor is not required to accept at face value every claim of privilege asserted by a witness, and he may compel a witness to claim the privilege against self-incrimination on a question by question basis, he may not, under the guise of cross examination, get before the jury what is tantamount to devastating direct testimony against the accused. (People v. Shipe (1975) 49 Cal.App.3d 343, 349, 122 Cal.Rptr. 701 (Where a witness steadfastly refused to answer inquires concerning the night of the crime, or any fact or circumstance relating to the crime, there was no occasion to impeach the witness by a series of leading questions implicating defendant in the crime).)

Further, such statements may not be introduced under the guise of impeachment. A party's right to impeach his own witness, (Evid.Code, 785, 780(h), 769, 770), is not available where the witness has not testified against the impeaching party at all and there is nothing to counter act. (People v. Newton (1970) 8 Cal.App.3d 359, 385, 87 Cal.Rptr. 394.)