When a witness testifies to the good character of a party, he may be asked if he has not heard that the party had done this or that; but proof may not be made by other witnesses in rebuttal that the party had done the things in question.Etherton v. Commonwealth, 246 Ky. 553, 55 S.W.2d 343, 347 (1932).
KRE 405
(a) ***
(b)
Inquiry on cross-examination. On cross-examination of a character
witness, it is proper to inquire if the witness has heard of or knows
about relevant specific instances of conduct. However, no specific
instance of conduct may be the subject of inquiry under this provision
unless the cross-examiner has a factual basis for the subject matter of
the inquiry.
See also:
Baze v. Commonwealth, 965 SW 2d 817, (Ky 1997)
Purcell v. Commonwealth, 149 SW 3d 382, (Ky 2004)
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Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky
A division of Accountable Kentucky Incorporated
a Kentucky Non-profit corporation
AccountableKY.org
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