State v. Bacon
Oregon Supreme Court
Multnomah County. Defendant appeals. It was error to permit the state to ask defendant’s witness, McLaughlin, if he and defendant had not been arrested at one time together for robbery? The effect of this testimony was to put the defendant’s character in evidence, which could only be done in the first instance by the defendant himself.
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Multnomah County. Defendant appeals. It was error to permit the state to ask defendant’s witness, McLaughlin, if he and defendant had not been arrested at one time together for robbery? The effect of this testimony was to put the defendant’s character in evidence, which could only be done in the first instance by the defendant himself. (Coleman v. People, 55 N. Y. 88; State v. Carrand, 5 Or. 156; People v. Fair, 43 Cal. 137; People v. White, 14 Wend. 111.) Nor was the question competent to impeach the witness. It did not prove nor tend to prove that he had been convicted of any offense; and…
1Opinion of the CourtLord, J.
The defendant was indicted, tried, and convicted of the crime of larceny. His appeal is based upon three exceptions to evidence alleged to have been illegally admitted, whereby he was prejudiced at his trial. By *145the bill of exceptions, it appears that on the cross-examination of a witness for the defendant he was asked by the state “if he had not been convicted of a crime, and confined in the county jail;” which was objected to, on the ground that it was not a proper way to impeach the credibility of the witness. On the subject of the impeachment of a witness, the Code provides “that it may…
2Cases cited13 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Wilbur v. FloodMichigan Supreme Court · 1867
- Real v. . the PeopleNew York Court of Appeals · 1870
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- Clemens v. ConradMichigan Supreme Court · 1869
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3Cited by43 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- State v. PfefferleSupreme Court of Kansas · 1886
- State v. SaundersOregon Supreme Court · 1886
- Waters v. StateCourt of Criminal Appeals of Alabama · 1978
- State v. BartmessOregon Supreme Court · 1898
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