Opinion

Marshall v. Martinson

  • 268 Or. 46
  • 518 P.2d 1312
  • 1974 Ore. LEXIS 431
Court
Oregon Supreme Court
Filed
Feb 14, 1974
Status
Published
Author
Denecke
On the bench
Connell, Denecke, Tongue
Cited by
24 cases
Authority
More cited than 16.7%

opinion as to course of vehicle based on facts not in evidence

How later courts described this case

  • opinion as to course of vehicle based on facts not in evidence
  • explain- ing scope of former ORS 45.600

Written by the judges who cited it.

The opinion

DENECKE, J.,

specially concurring in O’Connell, C. J.’s dissent.

I do not read onr past decisions as uniformly holding that a witness may be impeached by evidence of the past conviction of any crime, regardless of its bearing on the witness’s credibility. Redsecker v. Wade, 69 Or 153 , 134 P 5 , 138 P 485 , 16A Ann Cas 269 (1914), is to the contrary and State v. Bacon, 13 Or 143 , 9 P 393 , 57 Am R 8 (1886), appears to be to the contrary.

“* * * Counsel for the plaintiff was permitted by the trial court to ask her many questions as to what name she had borne, what she had done, and as to whether she had been convicted of a crime, etc. In the exercise of a sound discretion, the trial court could lawfully allow this, for the purpose of discrediting the witness.

“In State v. Bacon, 13 Or. 144 ( 9 Pac. 57 Am. St. Rep. 8), the syllabus of the case is:

“ ‘Subject to the sound discretion (of the court, a witness may be compelled to answer any question which tends to test his credibility, or to shake his credit by injuring his character, however irrelevant it may be to the facts in issue, and however disgraceful the answer may be to himself; except only that he may claim his privilege and refuse to answer a question which tends to expose him to a criminal charge.’

# «5 &

“Such evidence is admissible only to impair the credibility of the witness testifying, and the trial court, in the exercise of a sound discretion, may either receive or reject it without error.” Redsecker v. Wade, supra ( 69 Or at 161-162 ).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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