Legal Opinion

State v. McAboy

West Virginia Supreme Court

Decided July 15, 1977No. 13687PublishedCited by 84 opinions

1Opinion of the Court

Miller, Justice:

The defendant, Jackie Lee McAboy, appeals his second degree murder conviction and assigns as principal error that the trial court committed reversible error when it permitted the State to attempt to impeach his credibility by questioning him as to a prior felony conviction.

We agree and hold that evidence of prior convictions to impeach the credibility of a defendant in a criminal trial is henceforth not permissible, except as hereinafter noted.1

Originally, this Court followed the rule that prior criminal convictions could not be used to impeach the defendant’s credibility when…

2Cases cited38 opinions

  1. Griffin v. CaliforniaSupreme Court of the United States · 1965
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. In Re OliverSupreme Court of the United States · 1948
  4. Hovey v. ElliottSupreme Court of the United States · 1897
  5. State v. SantiagoHawaii Supreme Court · 1971

33 more not listed; retrieve them via the Exa API.

3Cited by84 opinions

  1. State v. McGinnisWest Virginia Supreme Court · 1994
  2. State v. DolinWest Virginia Supreme Court · 1986
  3. State v. VanceWest Virginia Supreme Court · 1980
  4. State v. AtkinsWest Virginia Supreme Court · 1979
  5. State v. BeckWest Virginia Supreme Court · 1981

79 more not listed; retrieve them via the Exa API.

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