Opinion

Smith v. Durant

  • 271 Or. 643
  • 534 P.2d 955
  • 1975 Ore. LEXIS 549
Court
Oregon Supreme Court
Filed
Apr 1, 1975
Status
Published
Author
O'Connell
On the bench
O'Connell, Denecke
Cited by
12 cases
Authority
More cited than 5.4%

rejecting balanc- ing as to impeachment of a nondefendant witness with prior convictions, noting that “the same evidence admitted in one court might well be excluded by another,” such that “the result in a case might well depend upon what court or judge it is tried before”

How later courts described this case

  • rejecting balanc- ing as to impeachment of a nondefendant witness with prior convictions, noting that “the same evidence admitted in one court might well be excluded by another,” such that “the result in a case might well depend upon what court or judge it is tried before”
  • impeachment by proof of other crimes

Written by the judges who cited it.

The opinion

O’CONNELL, C. J.,

dissenting.

I dissent for the reasons stated in my dissent in Marshall v. Martinson, 268 Or 46, 59 , 518 P2d 1312, 1318 (1974).

Denecke, J., joins in this dissent.

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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