When will a witness be allowed to give an address in cross-examination?

Whether such an objection should be sustained or overruled depends almost entirely upon the facts of each case and the circumstances under which the question arises. There well may be situations in which the address should be given as was the case in Alford v. United States, 1931, 282 U.S. 687, 51 S.Ct. 218, 75 L.Ed. 624. On the other hand in

[262 F.2d 419]

United States v. Easterday, 2 Cir., 1932, 57 F.2d 165, certiorari denied, 1932, 286 U.S. 564, 52 S.Ct. 646, 76 L.Ed. 1297, this court recognized that "it is impossible for a cross-examiner to declare in advance what he can prove" but held that "it is fair to ask of him the cross-examining counsel how the question can be relevant; what is the purpose of the inquiry * * *." The principle was expressed that "The judge was not bound to allow what on its face had no bearing on the witness's credibility; the question was not inevitably and patently material" (57 F.2d 165, 166). Furthermore, "The extent of cross-examination * * * is within the sound discretion of the trial court" (Alford v. United States, supra, 282 U.S. at page 694, 51 S.Ct. at page 220).

[262 F.2d 419]