EVIDENCE--CRIMINAL LAW--CROSS-EXAMINATION OF ACCUSED'S CHARACTER WITNESS CONCERNING ACCUSED'S PRIOR ARREST
Grunewald S. Ed., C. C.
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Abstract
On trial in a district court for bribing a federal revenue agent, defendant called five witnesses to testify to his good reputation. During cross-examination by the district attorney, the character witnesses were asked: ''Did you ever hear that on October 11, 1920, the defendant was arrested for receiving stolen goods?" The trial judge overruled the objection to the question, and the witnesses answered in the negative. The prosecutor exhibited a paper record of this arrest to the court. The judge instructed the jury that the question was to test the standard of the character evidence only, not to establish the incident of arrest as a fact affecting the probability of defendant's guilt.
On certiorari to the United States Supreme Court, following affirmance by the circuit court of appeals held, affirmed. Michelson v. United States, (U.S. 1948) 69 S.Ct. 213.