State v. Mayhew

LeGRAND, Justice.

This case was here once before and was remanded for hearing to determine if a police report was inconsistent with Officer Braatz’ testimony on direct examination concerning the defendant’s intoxication at the time the crime was allegedly committed. State v. Mayhew, 170 N.W.2d 608.

Mayhew had been convicted of second degree murder. His appeal was based in part on the refusal of the trial court to permit defendant’s counsel to examine a copy of a police report for possible impeachment of the officer who made it.

At page 614 of 170 N.W.2d we instructed the trial court as follows:

“T…