Legal Opinion · Dissent

People v. Rodgers

Michigan Court of Appeals

Decided December 16, 1971No. Docket 8675Published

1DissentLevin, J.

I am in full agreement with my colleagues that the people were entitled to *221impeach the credibility of a witness who testified in support of the defendant’s alibi by showing that the witness told a different story to a detective than the one he related at the trial. Plainly, incontrovertibly, that is the law.

The real issue — not touched on in the majority opinion — concerns the manner in which the people were allowed to prove the prior inconsistent statement.

Over the objection of the defendant’s lawyer, the trial judge allowed the detective to read a written statement he wrote out at the time…

2Cases cited25 opinions

  1. Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
  2. People v. DellabondaMichigan Supreme Court · 1933
  3. Commonwealth v. WhitingSupreme Court of Pennsylvania · 1970
  4. Hall v. StateCourt of Appeals of Maryland · 1960
  5. Jordan v. PeopleSupreme Court of Colorado · 1962

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