[Download] "Charles Damon Dexter v. State Indiana" by Supreme Court of Indiana No. 571S127 # Book PDF Kindle ePub Free
eBook details
- Title: Charles Damon Dexter v. State Indiana
- Author : Supreme Court of Indiana No. 571S127
- Release Date : January 13, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is a belated appeal from a conviction for aggravated assault and battery. The State, over Defendant's (Appellant's) proper
objection, was permitted to cross-examine him as to prior convictions for assault. This was error. The general rule in Indiana
is that evidence of separate, independent and distinct crimes is inadmissible to establish the defendant's guilt of the crime
charged except to show intent, motive, purpose, identification, or a common scheme or plan. Woods v. State (1968), 250 Ind.
132, 235 N.E.2d 479. There was no attempt to relate such cross-examination to any of the foregoing exceptions. The defendant, having taken the stand, placed his credibility in issue. Until Ashton v. Anderson (1972), 258 Ind. 51, 279
N.E.2d 210, it was the law in this state that a witness, including a party to the action who takes the stand as a witness
in his own behalf, may be required on cross-examination, as affecting his credibility, to answer as to previous convictions,
whether such convictions were felonies or misdemeanors. Niemeyer et al. v. McCarty et al. (1943), 221 Ind. 688, 51 N.E.2d
365; Way v. State (1946), 224 Ind. 280, 66 N.E.2d 608; Chambers v. State (1953), 232 Ind. 349, 111 N.E.2d 816. By Ashton v.
Anderson, supra, however, we established the rule that only those convictions for crimes involving dishonesty or false statements
and those crimes which the statute permits to be shown for impeachment (treason, murder, rape, arson, burglary, robbery, kidnapping,
forgery and wilful and corrupt perjury) may be shown for such purposes.