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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.

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