State v. Gilbert

ORS 45.590 forbids a party to impeach its own witness by evidence of his bad character. We granted review in this case to decide whether the statute precludes a party from having its witness on direct examination disclose the fact that the witness has been convicted of a crime. We hold that the statute does not preclude this disclosure when it is not introduced for the purpose of "impeachment,” that is to say, to attack or discredit the witness and to attack the jury’s belief in his or her testimony.

The issue is raised by a brief episode in defendant’s trial for burglary and rape. Defendant…