State v. Cummings

In the present case, the defendant took the witness stand in his own behalf. On direct examination, in response to his attorney’s questions, he testified as follows:

“Q That gun> — you knew that gun was yours ?

^ Right.

d Was it yours?

>5 Yes, sir.

d Is it still yours ?

^ Yes, sir.

o Where’d you keep that gun ?

> Kept it under my bed.” (Tr. 129).

I construe the defendant s testimony to mean that he owned the gun.

Assuming that the ownership of the weapon is a collateral matter and I have some doubt about this, the State is still entitled to contradict defendant’s testimony on this point. See State v.…