State v. Oswalt
Supreme Court of Washington
381 P.2d 617 (Wash. 1963)
Relevant factsFree
Charged with robbery and burglary in Seattle, Oswalt (defendant) presented an alibi witness, a Portland restaurant owner who testified Oswalt had been in the restaurant daily for months, including on the day of the burglary. To rebut this, the prosecution called a detective who testified he had seen and spoken with Oswalt in Seattle about a month before the burglary, and that Oswalt told him he'd been in Seattle for a couple of days. Oswalt objected to this rebuttal testimony, but the trial court admitted it and he was convicted.
IssueFree
Whether a defendant's whereabouts a month before a crime is a collateral issue about which a witness may not be impeached.