Ward v. State

SCHEB, Judge.

Is it permissible for defense counsel to cross-examine a witness as to a prior perjury conviction even though that conviction may be remote in time? In this case the trial court refused to allow the defense to inquire concerning a perjury conviction of a key prosecution witness. Defendant appeals. We reverse.

Defendant was convicted of larceny and aggravated battery. The only eyewitness to the alleged crimes was the victim, Fritz Surrency. Defense counsel sought to cross-examine Surrency as to a conviction for perjury. When the state objected, defense counsel, outside the presence…