United States v. Krapp
United States Court of Appeals for the Eighth Circuit
815 F.2d 1183 (8th Cir. 1987)
Patricia Krapp (defendant), a postal employee, was charged with making false record entries to defraud the United States. At trial, her character witness testified she was honest. On cross-examination, the prosecution asked the witness whether she was aware Krapp's husband, with Krapp's knowledge, had omitted cash income from their tax returns. The judge sustained Krapp's objection and told the jury to disregard the question. Krapp was convicted and appealed, arguing the district court should have granted a mistrial because the jury heard the question at all.
Whether, before attempting to impeach a character witness with a "did you know" type of question, counsel should raise the matter with the trial judge outside the jury's presence to allow a ruling on the question's propriety.