Alcorta v. Texas

In Alcorta v. Texas (1957) 355 U.S. 28, the prosecutor knew that a witness had had sexual intercourse with the defendant's wife. He told the witness "he should not volunteer any information about such intercourse but if specifically asked about it to answer truthfully." (Id. at p. 31.) When the prosecutor asked him about his relationship with the defendant's wife, he said he had driven her home from work a couple of times; he said they were not in love and had not been on dates. (Id. at pp. 31-32.) The Supreme Court held that this testimony gave the jury a false impression, in violation of due process. (Id. at p. 32.)