Summary
In Mosley v. State, 569 So.2d 832 (Fla. 2d DCA 1990), this court held that it was improper to ask a defendant at trial whether previous witnesses had been lying.
Summary of this case from Rhue v. StateOpinion
No. 88-03019.
November 2, 1990.
Appeal from the Circuit Court, Polk County, J. Dale Durrance, J.
James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.
During the appellant's trial for trafficking in cocaine, the prosecutor improperly cross examined the appellant by asking him whether certain previous witnesses had been lying. Such questioning is improper, and the trial court erred in failing to sustain the defendant's objection and in denying the defendant's motion for a mistrial. Boatwright v. State, 452 So.2d 666 (Fla. 4th DCA 1984).
Accordingly, the case is reversed and remanded for a new trial.
LEHAN, A.C.J., and FRANK and PATTERSON, JJ., concur.