(DOWNLOAD) "Oregon v. Linn" by Court of Appeals of Oregon " Book PDF Kindle ePub Free
eBook details
- Title: Oregon v. Linn
- Author : Court of Appeals of Oregon
- Release Date : January 23, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Defendant was convicted of second degree theft for shoplifting merchandise from a drug store. ORS 164.015(1); ORS 164.045.
Pursuant to OEC 609(1), the trial court allowed the credibility of a defense witness to be impeached by evidence of his prior
municipal court conviction for misdemeanor theft. Because defendant did not testify, the credibility of that witness was
critical to her theory that she did not intend to steal any merchandise. Defendant assigns error to the trial court's ruling.
We review for errors of law, ORS 19.125, and affirm. The sole issue is whether OEC 609(1), as amended in 1986 by ballot measure 10, permits an attack on the credibility of a
witness by evidence that the witness had been convicted of a crime in municipal court. As it appeared on the ballot and was
passed by the voters, OEC 609(1) provides that,
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