State v. Debolt

In this appeal from his conviction for harassment, defendant contends that the trial court erred when it instructed the jury sua sponte that a witness’s testimony was admitted into evidence only for the purpose of impeachment as a prior inconsistent statement and could not be considered as direct evidence.1 We reverse and remand for a new trial.

Defendant, an employee at the federal prison in Sheridan, was charged with reckless driving, fourth-degree assault, and harassment arising out of an incident that occurred in the prison parking lot on March 24, 1999. The state presented evidence that…