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Leading Ouestion

Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A question which puts into the witness' mouth the words to be echoed back, or plainly suggests the answer which the party wishes to get from him. Selin v. Snyder, 7 S. & R. (Pa.) 171; People v. Mather, 4 Wend. (N. Y.) 247, 21 Am. Dec. 122. In that case the examiner is said to lead him to the answer. It is not always easy to determine what is or is not a leading question. Such questions cannot, in general, be put to a witness in his examination in chief; Sheeler v. Speer, 3 Binn. (Pa.) 130; 1 Stark. Ev. 123; unless he is a hostile witness; Meixsell v. Feezor, 43 Ill. App. 180; Becker v. Koch, 104 N. Y. 394, 10 N. E. 701, 58 Am. Rep. 515. But, in an examination in chief, questions may be put to lead the mind of the witness to the subject of inquiry; and they are allowed when it appears that the witness wishes to conceal the truth or to favor the opposite party, or where from the nature of the case the mind of the witness cannot be directed to the subject of inquiry without a particular specification of such subject; 1 Campb. 43; McDonald v. People, 49 Ill. App. 357; State v. Keith, 53 Mo. App. 383. The permitting of such questions is within the discretion of the trial court; St. Paul Fire & Marine Ins. Co. v. Gotthelf, 35 Neb. 351, 53 N. W. 137; King v. R. Co., 76 Hun 17, 26 N. Y. Supp. 973; Proper v. State, 85 Wis. 615, 55 N. W. 1036.