123 A.2d at 746 Admissibility of prior convictions to impeach credibility15 citing cases
- State v. Hill, 801 N.W.2d 646 (Minn. 2011).publishedWe have noted that “ ‘[ljack of trustworthiness may be evinced by [the defendant’s] abiding and repeated contempt for laws which he is legally and morally bound to obey.’ ” Id. (quoting State v. Duke, 100 N.H. 292 , 123 A.2d 745, 746 (1956…
- State v. Vandebogart, 652 A.2d 671 (N.H. 1994).published“The object of a trial is not solely to surround an accused with legal safeguards but also to discover the truth.” State v. Duke, 100 N.H. 292, 293 , 123 A.2d 745, 746 (1956).
- State v. Trejo, 825 P.2d 1252 (N.M. Ct. App. 1991).published Admission under Rule 11-609(A)(1) of prior felony convictions not involving deceit is premised on the notion that the jury is entitled to know “ ‘what sort of person is asking them to take his word.’ ” State v. Lucero, 98 N.M. 311, 313 , 6…
- State v. Whiteside, 400 N.W.2d 140 (Minn. Ct. App. 1987).publishedIn transactions of everyday life this is probably the first thing that they would wish to know. * * * Lack of trustworthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey * * *…
- State v. Vanguilder, 493 A.2d 1116 (N.H. 1985).publishedIn ruling upon the admissibility of the three prior convictions in question, the trial court relied in part upon this court’s holding in State v. Robinson, 123 N.H. 532 , 465 A.2d 1201 (1983), which in turn has its precedential base in the…
- State v. Heidelberger, 353 N.W.2d 582 (Minn. Ct. App. 1984).publishedIn transactions of everyday life this is probably the first thing that they would wish to know. * * * Lack of trustworthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey * * *…
- State v. Robinson, 465 A.2d 1201 (N.H. 1983).published He cannot reasonably claim that the Fifth Amendment gives him not only this choice but, if he elects to testify, an immunity from cross-examination on the matters he has himself put in dispute.” As we indicated in State v. Duke, 100 N.H. 2…
- State v. Hopps, 465 A.2d 1206 (N.H. 1983).published In conjunction with the 1978 conviction, the burglary conviction aided the jury in determining "what sort of person [was] asking them to take his word." State v. Duke, 100 N.H. 292, 293 , 123 A.2d 745, 746 (1956).
- State v. Lucero, 648 P.2d 350 (N.M. Ct. App. 1982).publishedA rationale for admitting evidence of offenses not involving deceit is well-stated in State v. Duke, 100 N.H. 292 , 123 A.2d 745, 746 (1956): No sufficient reason appears why the jury should not be informed what sort of person is asking th…
- State v. Leecy, 294 N.W.2d 280 (Minn. 1980).published In transactions of everyday life this is probably the first thing that they would wish to know. * * * Lack of trustworthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey * * *…
Show 5 more citing cases
- State v. Staples, 415 A.2d 320 (N.H. 1980).published“Lack of trustworthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey .. . though the violations are not concerned solely with crimes involving 'dishonesty and false statement.’…
- State v. Brouillette, 286 N.W.2d 702 (Minn. 1979).published In transactions of everyday life this is probably the first thing that they would wish to know. * * * Lack of trust-worthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey * * t…
- Smith v. Durant, 534 P.2d 955 (Or. 1975).published On the contrary, we cannot say that in 1861 it would have been unreasonable, as a matter of public policy, for the legislature to deliberately provide that in both criminal and civil cases in which the defendant testified on his own behalf…
- State v. Mann, 297 A.2d 664 (N.H. 1972).publishedHere the trial court excluded the question relating to prior convictions under the guidelines for the exercise of his discretion laid down in State v. Cote, supra, and State v. Duke, 100 N.H. 292, 294 , 123 A.2d 745, 746 (1956).
- State v. Cobb, 465 A.2d 1203 (N.H. 1983).published See State v. Duke, 100 N.H. 292, 294 , 123 A.2d 745, 746 (1956).
100 N.H. at q1 “dishonesty and false statement.”3 citing cases
- State v. Leecy, 294 N.W.2d 280 (Minn. 1980).published In transactions of everyday life this is probably the first thing that they would wish to know. * * * Lack of trustworthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey * * *…
- State v. Staples, 415 A.2d 320 (N.H. 1980).published“Lack of trustworthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey .. . though the violations are not concerned solely with crimes involving 'dishonesty and false statement.’…
- State v. Brouillette, 286 N.W.2d 702 (Minn. 1979).published In transactions of everyday life this is probably the first thing that they would wish to know. * * * Lack of trust-worthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey * * t…
123 A.2d at 745 cited at this page1 citing case
- State v. Wayne Kelley, 413 A.2d 300 (N.H. 1980).publishedState v. Cote, 108 N.H. at 297 , 235 A.2d at 116 ; State v. Duke, 100 N.H. at 294, 123 A.2d at 745.
v.
Henry C. Duke
The only question transferred is whether the Court erred in permitting the county solicitor to cross-examine the defendant, who testified voluntarily, concerning his prior criminal offenses for the sole purpose of attacking his credibility. A long and unbroken line of decisions in this state holds that such inquiries may be permitted within the discretion of the Trial Court. In Constantine v. Grenier, 81 N. H. 550, a case of trespass, counsel was permitted, subject to exception, to cross-examine the defendant for the purpose of discrediting him, as to whether he had been convicted of violating the liquor laws. On appeal the verdict was upheld, and the court, citing Gutterson v. Morse, 58 N. H. 165, said that the latitude of such questions to discredit was within the sound dis[*293] cretion of the Trial Judge. State v. Travis, 82 N. H. 220, involved a charge of operating an automobile under the influence of liquor and the defendant, having elected to testify, was asked in cross-examination about a previous conviction for the same offense. The court held “The inquiry objected to in the present case was competent on the issue of the defendant’s integrity.” In State v. Grierson, 96 N. H. 36, a trial upon an indictment for first degree manslaughter, the cross-examiner was allowed to ask the defendant about her drinking and relations with a man not her husband “to discredit her as a witness.” Id., 39.
State v. Sturtevant, 96 N. H. 99, 105 was an appeal from a conviction for driving under the influence of liquor. Counsel cross-examined the defendant as to a previous conviction for the same offense and his right to do so was upheld. The court in upholding the verdict distinguished the case of Genest v. Company, 75 N. H. 365, relied upon there as in the instant case by the defendant, on the grounds that in the Genest case where the defendant did not testify, the opposing party could not discredit him by independent impeaching evidence. Obviously, the decision is not authority for the defendant in the present case. A very recent decision, State v. Mihoy, 98 N. H. 38, involved an indictment for breaking and entering. The defendant was asked on cross-examination whether he had previously been guilty of armed assault and his exception to the admission of this question was overruled.
We are aware of the arguments for a rule which would limit impeachment in such cases to crimes directly involving lack of veracity. See 89 U. Pa. L. Rev. 166; Am. Law Inst., Model Code of Evidence, Rule 106 (1) (b); Id., 341. It seems to us that such a rule represents too narrow and artificial a view. The object of a trial is not solely to surround an accused with legal safeguards but also to discover the truth. What a person is often determines whether he should be believed. When a defendant voluntarily testifies in a criminal case, he asks the jury to accept his word. No sufficient reason appears why the jury should not be informed what sort of person is asking them to take his word. In transactions of everyday life this is probably the first thing that they would wish to know. So it seems to us in a real sense when a defendant goes onto the stand, “he takes his character with him.” United States v. Gross, 103 F. (2d) 11, 13. Lack of trustworthiness may be evinced by his abiding and repeated contempt for laws which he is legally and morally bound to obey, as in the case at bar, though[*294] the violations are not concerned solely with crimes involving “dishonesty and false statement.” C/. American Law Institute, supra, 341. Such evidence may well have more probative value as bearing on credibility than a conviction of a single felony committed in a moment of weakness or passion, though the admissibility of such convictions is clearly established. See State v. Mihoy, 98 N. H. 38, 40, 41, and authorities cited; see also, RSA 516:33. If the matters inquired about in cross-examination seem unduly prejudicial, or •too trifling or remote in time to have a real bearing on credibility, the Court should refuse to permit their introduction. On the other hand, we believe that rules founded on the fear that the Trial Judge will not use discretion and the jury be devoid of common sense tend to defeat the whole purpose of trial by jury.
In the light of long and reasonably satisfactory experience in this jurisdiction we follow our established rule that when the defendant testifies the latitude allowed in cross-examination as to his past offenses, for the sole purpose of discrediting him, is within the discretion off the Trial Court. In the present case we find no abuse of discretion and the order is
Exceptions overruled.
All concurred.