State v. Gilbert

FORT, S. J.

Defendant was convicted upon consolidation of four indictments of four counts of burglary I, three counts of rape I, and one count of attempted rape I. He appeals from the resulting judgments and assigns three errors, emphasizing particularly the refusal of the trial judge to allow him, on direct examination of his own witness, to inquire whether that witness had been convicted of a crime. The state on cross-examination made such an inquiry.

ORS 45.590 provides in pertinent part:

"The party producing a witness is not allowed to impeach his credit by evidence of bad character * *

In…