State v. Green

428 P.2d 540 (1967)

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Nature of the Case

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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 the 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.