Legal Opinion · Dissent

State v. Terrebonne

Supreme Court of Louisiana

Decided June 18, 1970No. 50430Published

1DissentMcCALEB, Justice

The majority ruling that the credibility of a witness, who testified before the grand jury and gave a statement inconsistent with the testimony given by her at the trial, may not be impeached by her prior inconsistent statement constitutes, in my opinion, a backward step in the administration of justice. It is unsound, and I find no support for the ruling in the Code of Criminal Procedure or the jurisprudence here 1 and little elsewhere.2

To begin with, the impeachment of the witness in the instant case by her prior inconsistent statement before the grand jury is authorized by R.S. 15:493…

2Cases cited4 opinions

  1. State v. HudsonSupreme Court of Louisiana · 1969
  2. State v. RevereSupreme Court of Louisiana · 1957
  3. State v. ThompsonSupreme Court of Louisiana · 1915
  4. State v. JohnsonSupreme Court of Louisiana · 1951

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