STATE V. GREEN
428 P.2d 540 (1967)
NATURE OF THE CASE: This was an appeal from a conviction of burglary.
FACTS: Green (D) was charged with burglary. His defense was that he was waiting in the
car while the burglary had been undertaken by two others (Gaither and Wilkerson) and that he
was protesting what had been done when the police had come up and arrested him. During
trial, it was elicited from Gaither that he had participated in the burglary. Gaither then
testified that D had nothing to do with the burglary. The prosecution then claimed surprise.
The State then sought to impeach Gaither in that Gaither had earlier made a written
statement that D was guilty. Gaither denied that the person alleged in the document was D. A
police officer was called to the stand to testify that Gaither meant D and referred to D
during the entire confession.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment