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266 Ind. 395

363 N.E.2d 975

Logston v. State

Indiana Supreme Court

Decided June 16, 1977

Indiana Supreme Court · decided 1977-06-16

Good law ✅— No negative treatment on recordhow we know

Decided 1977-06-16

How this case has been cited

Cited by 22 later decisions — most recently September 2014

20 state decisions

8019771980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion Concurring in Result

DeBruler, J.

¶2I cannot agree that the cross-examination of the witness Joseph Alvey was properly curtailed because it *400sought to elicit hearsay. Alvey was the victim of the robbery. On cross-examination he was asked whether anyone besides himself had seen the robber’s car, which he had described on direct examination. He replied that “a couple of kids” had seen the car and given its license number to the police. This answer was objected to and stricken as hearsay. I believe that this testimony was admissible, not to prove the truth of its subject matter, for which purpose it is inadmissible as hearsay, but to impeach Alvey’s credibility by showing information available to the witness which could affect his perception or recollection of the events of which he testified. I further believe that trial judges do not have discretionary power to preclude valid cross-examination. However, since the usefulness of this testimony in evaluating Alvey’s credibility is not great, I would hold the exclusion harmless error.

¶3Note. — Reported at 363 N.E.2d 975.

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