Section 9.17 Argumentative

• Library: Evidence 2017

B. (§9.17) Argumentative

Argumentative questions are improper during the examination of a witness. State v. Tyson, 258 S.W.2d 651, 655 (Mo. 1953). But if a trial court allows argumentative questions, the court of appeals will reverse only if a party shows it was prejudiced. State v. Thompson, 697 S.W.2d 575, 580 (Mo. App. W.D. 1985).

In Thompson, the prosecution’s repetitive questions to the defendant about whether he was an alcoholic were argumentative, but did not amount to prejudicial error Id. at 579.

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