(concurring). While concurring to affirm, I am compelled to write separately. Far too many words are written on whether the prosecutor deprived defendant of a fair trial by questioning defendant about witnesses that were not called but who had been endorsed concerning the defense of insanity.
During trial, defendant took the stand in his own behalf and on cross-examination was asked if he recalled talking to "Dr. Westberg [sic]". Defendant did not recall doing so. Defendant was also asked if he knew that "Dr. Westberg” was endorsed as a possible witness on the defense of insanity. Before defendant could answer, defense *811counsel objected on the grounds of relevancy. The prosecutor continued to question the defendant about possible insanity defense witnesses. The defendant indicated that he did not recall anything about the names but stated that he had seen many doctors in the past six months, so that it was difficult for him to recall any of their names. The prosecutor continued and questioned the defendant about Dr. Carrón, "a listed witness who might possibly be called in the defense you have just raised”. Defense counsel again objected and the jury was excused.
This writer observes that a Dr. Westerberg, but not a Dr. Westberg, was endorsed.
Arguments were heard in the absence of the jury, and the court determined that evidence of possible insanity defense witnesses who were endorsed but not called was immaterial. The court instructed the jury to disregard anything said about a list of witnesses.
Had the trial court ruled otherwise, it would not have been an abuse of discretion based on the record before us. The purpose of adversary advocacy at times is defeated when cross-examination as proposed here unrealistically is confined or restricted to so narrow a limitation as to reduce the effectiveness of the truth-seeking process.