State v. Reich
Court of Appeals of Oregon
1ConcurrenceGillette, P. J.
I agree that this case must be reversed for the reasons stated in the majority opinion. I write separately to add that I *866perceive another problem in the case, i.e., the use of defendant’s prior conviction for ex-convict in possession of a firearm to impeach him.
The state at trial relied on eyewitness testimony that placed defendant and his vehicle at the location of this daytime burglary at the time it was committed. The defense was alibi; defendant, his wife and a neighbor testified that he had been elsewhere at the time of the burglary. Therefore, defendant’s credibility was an important…
2Cases cited2 opinions
- State v. CardenCourt of Appeals of Oregon · 1982
- State v. HamiltonCourt of Appeals of Oregon · 1982