Cross-Examination: Charles Atlas

 

Charge: mayhem. Defendant: D, a 5'3", 90-pound weakling. Victim: Ali, a 6'4", 230-pound tough dude. At D's trial the first witness for the prosecution is the arresting officer, O. On cross-examination, defense counsel elicits facts concerning D's size and weight and then asks, "Isn't it a fact that the evidence shows beyond a reasonable doubt that the defendant is too small to beat up the victim?"

The prosecution objects. What ruling and why?



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