State v. Perlin

Appellant’s first assignment of error is that the trial court considered the statement of Barbara Perlin, admitted for impeachment purposes, as corroboration of Joanne’s testimony and as affirmative proof of defendant’s guilt.

The record shows that in discussing the examination of Barbara on her statement the district attorney said, “This is impeaching testimony, your Honor, and this is proper cross-examination.” The court replied, “I suppose strictly for impeaching purposes and not direct proof. Go ahead.”

In the trial court’s decision it stated, “The testimony of Joanne- is positive and…