A witness called by the court may be freely cross-examined and impeached by any party.² A court is necessarily cautious of exercising that power, especially in calling a witness that neither party wants to call as its own.

An appellate should not interfere with the district court's discretion in calling a witness (particularly one that neither party wants to call on its own), unless there is a clear showing of an abuse of discretion, resulting in prejudice to the defendant.³

²Litsinger v. U.S., 44 F.2d 45 (C.C.A. 7th Cir. 1930).

³Smith v. U.S., 331 F.2d 265 (8th Cir. 1964).

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