Oregon v. Derryberry

Defendant was convicted of first degree theft under ORS 164.055. In his appeal to the Court of Appeals defendant contended that the trial court erred in instructing the jury that it could consider a prior inconsistent statement by a state’s witness not only for the purpose of impeaching the credibility of that witness, but also as substantive evidence to establish the truth of the facts stated, as provided by Rule 63 (1) of the proposed Uniform Rules of Evidence.

The Court of Appeals affirmed the conviction, holding that such an instruction was proper and that it was consistent with and…