Legal Opinion

Flowers v. State

Supreme Court of Delaware

Decided December 7, 1970Published

1Opinion of the Court

HERRMANN, Justice:

The question on this appeal is whether conviction of a misdemeanor, relevant to the issue of credibility, may be used by the defense in a criminal case to impeach a witness called by the State.

The defendant was charged with robbery and conspiracy to commit a robbery. The only witness called by the State was the victim. On cross-examination, counsel for the defendant asked the witness whether he had ever been convicted of giving false and misleading information to the police. The prosecutor objected on the ground that conviction of a misdemeanor may not be used to impeach a…

2Cases cited2 opinions

  1. Burgess v. StateCourt of Appeals of Maryland · 1931
  2. State v. WitsilDelaware Court of Oyer and Terminer · 1936

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