State v. Derryberry

Defendant appeals from a jury trial conviction of first degree theft. ORS 164.055. The sole question on appeal is whether the trial court erred in instructing that evidence of a prior inconsistent statement of a witness who had testified in defendant’s favor could *264be considered by the jury as evidence of impeachment and also to determine the truth of the matter asserted in the out-of-court declaration.

The fact issue at trial was whether defendant knew property found in his possession was stolen. Burglars completely emptied the home of Mary Young of furnishings on January 25, 1973. On February…