Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 1608 (2026)

✓ current as of May 2026
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Subchapter 001 : QUALIFICATIONS, PRIVILEGES, AND CREDIBILITY

(Cite as: 12 V.S.A. § 1608)
Notes of Decisions
Cited in 35 cases, 1961–2005 · leading case: State v. Gardner, 433 A.2d 249 (Vt. 1981).
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State v. Gardner, 433 A.2d 249 (Vt. 1981). · cites it 16× “The defendant made a motion in limine to prevent the State from using the defendant's prior convictions for impeachment if he chose to testify on his own behalf. The defendant specifically requested the exclusion of a previous conviction for breaking and entering in the…”
State v. Foy, 475 A.2d 219 (Vt. 1984). · cites it 11× “The State argued that all four were crimes of moral turpitude under 12 V.S.A. § 1608, and proposed to use them to impeach the defendant at trial.”
State v. Jarrett, 465 A.2d 238 (Vt. 1983). · cites it 8× “12 V.S.A. § 1608. Ruled admissible, however, were convictions for a 1973 grand larceny (of food and drink from a restaurant), the 1977 forgery of a $46.”
State v. Covell, 503 A.2d 542 (Vt. 1985). · cites it 5× “2d 249 , *340 251 (1981); 12 V.S.A. § 1608; V.R.E. 609. In this case, the court properly excluded some of the complainant’s prior convictions because they were not for crimes involving moral turpitude, and others because they were more than 15 years old.”
State v. McAboy, 236 S.E.2d 431 (W. Va. 1977). · cites it 2× “050 (Vernon); Neb.Rev.Stat. § 25-1211; N.J.Stat.”
Fuselier v. State, 702 So. 2d 388 (Miss. 1997). “§ 9-104 (a person convicted of perjury may not testify); Vt. Stat. Ann. Tit. 12, § 1608 (a person shall not be incompetent as a witness in any court, matter or proceeding by reason of his conviction of a crime other than perjury, subornation of perjury, or endeavoring to incite…”
State v. Savo, 446 A.2d 786 (Vt. 1982). · cites it 2× “His position was that absent conclusive case law in Vermont, 12 V.S.A. § 1608 should be read to give Vermont courts this same discretionary power, and that a proper exercise of that discretion in his case would require exclusion of the criminal record.”
Pond v. Carter, 229 A.2d 248 (Vt. 1967). · cites it 3× “The following is the conclusion of what took place at that time: “THE COURT: Well, we note in the statutes 12 V.S.A. §1608 was amended in 1959 and apparently it only amended as to provide that the conviction must have been within the past 15 years.”
State v. Miner, 258 A.2d 815 (Vt. 1969). · cites it 2× “” Up to this point the requirements of 12 V.S.A. § 1608, governing evidence affecting credibility, had not been complied with.”
State v. Santiago, 492 P.2d 657 (Haw. 1971). “7, § 434 (1960); Vt. Stat. Ann. tit. 12, § 1608 (Supp. 1971).”
State v. Manning, 392 A.2d 409 (Vt. 1978). · cites it 2× “Both parties agree that the conviction was introduced for the limited purpose of impeaching the defendant’s credibility and that the question of admissibility is controlled by 12 V.S.A. § 1608 which provides in pertinent part as follows: The conviction of a crime involving moral…”
State v. Boucher, 478 A.2d 218 (Vt. 1984). · cites it 2× “12 V.S.A. § 1608. See also V.R.E. 609 (same standard, but adopted subsequent to trial herein).”
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