STATE v. GILBERT


577 P.2d 939 (1978)

STATE of Oregon, Respondent, v. Charles Edward GILBERT, Petitioner.

Supreme Court of Oregon, In Banc.

Argued and Submitted January 10, 1978.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed a brief for petitioner.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Carol J. Molchior, Certified Law Student.


LINDE, Justice.

ORS 45.590 forbids a party to impeach its own witness by evidence of his bad character. We granted review in this case to decide whether the statute precludes a party from having its witness on direct examination disclose the fact that the witness has been convicted of a crime. We hold that the statute does not preclude this disclosure when it is not introduced for the purpose of "impeachment," that is to say, to attack or discredit the witness and...

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