Miller v. Lint

I

The issue for determination in case No. 79-1087 (defendant’s appeal) is whether a prior statement of opinion by an eyewitness, not a party to the action, upon the ultimate fact in issue and inconsistent with the testimony of such witness at the trial, is admissible for the limited purpose of impeachment.

In Schneiderman v. Sesanstein (1929), 121 Ohio St. 80, at paragraph three of the syllabus, this court succinctly responded to a similar question, holding as follows:

“A witness who testifies as to facts cannot be discredited by evidence of the expression of an opinion relative to the merits of…