State v. Coloff

MR. CHIEF JUSTICE ADAIR:

(specially concurring).

At common law a person convicted in a court of record of any felony thereupon became disqualified from being a witness. This disqualification is removed in this jurisdiction by a statute providing that notwithstanding his conviction such person is a competent witness in any cause or proceeding, civil or criminal, “but the conviction may be proved for the purpose of affecting the weight of his testimony, either by the record or by his examination as such witness.” (Emphasis supplied.) R. C. M. 1947, sec. 94-4723; State v. Stein, 60 Mont. 441, 446,…