[DOWNLOAD] "Michael James Lineback v. State Indiana" by Supreme Court of Indiana No. 1072S148. ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Michael James Lineback v. State Indiana
• Author : Supreme Court of Indiana No. 1072S148.
• Release Date : January 04, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

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GIVAN, J. ON PETITION FOR REHEARING The appellant had filed a petition for rehearing in which he alleges among other things that this Court failed to give an opinion in writing as to the question of whether it is proper for the prosecuting attorney to ask a character witness the following question: Did you know that on the 23rd day of March, 1963, he (the appellant) was found to be an incorrigible juvenile? Appellant takes the position that to allow such question would be in violation of the mandate set forth in BURNS' IND.STAT.ANN.,(1972 Supp.), § 9-3215, IC 31-5-7-15, the pertinent part of which provides as follows: . . . The Disposition of a child or any evidence given in the court shall not be admissible as evidence against the child in any case or proceeding in any other court. . . . There is no question but what evidence of the Disposition of a juvenile matter is not admissible in a subsequent prosecution in order to show a prior conviction to affect the credibility of the defendant as a witness. See Woodley v. State (1949), 227 Ind. 407, 86 N.E.2d 529. As stated in the Woodley case the Disposition of a juvenile does not constitute a criminal conviction and cannot be used by the State as such in attacking the credibility of a defendant. However, an entirely different principle of law prevails when a defendant directly places his reputation in the community before the jury through character witnesses. As stated in our original opinion:

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