STATE V. OSWALT
62 Wn.2d 118, 381 P.2d 617 (1963)
NATURE OF THE CASE: Oswalt (D) sought review of judgment convicting D of robbery and
first degree burglary.
FACTS: Oswalt (D) was charged with robbery as a result of an incident which occurred on
July 14 in Washington. D's defense was alibi. He presented Ardiss as a witness. Ardiss
testified that D was a regular patron of his restaurant in Oregon, and that D was in the
restaurant on July 14, rendering it impossible for D to have been in Washington at the time
of the robbery. On cross-examination, Ardiss testified that D had been in the restaurant
every day during the months surrounding the incident. To rebut this testimony, the state was
allowed to present a police officer who testified that he had seen D in Washington on June
12. D objected to this testimony, arguing that his presence in Washington on June 12 was not
in issue. The state argued that it was admissible to challenge the witness' credibility, and
to establish D's presence in Washington preparatory to the offense.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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