Evidence-Wellborn SU2006 Outline

During cross billy was asked about his stepfathers

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Unformatted text preview: salesman in Oklahoma. Defendant's stepson, Billy Tull, was a defense witness presented as one who had been present at the transfer and who had personally observed much of the paperwork in the exchange of title. During cross, Billy was asked about his stepfather's criminal record. Whether he knew that he had violated the Dyer Act twice before and that he had been convicted of forgery. Issue: Should the questions as to Gilliland's character have been excluded under Rule 404? Holding: The questioning with respect to Gilliland's character was not permissible because Billy Tull was not a character witness, entire testimony on direct examination was as purported eyewitness to the purchase of the automobile. o "The government may not turn him into a character witness by asking him what kind of a man defendant was, and then use those questions to bootstrap into the case evidence of defendant's prior convictions which it was prohibited from using in its case-in-chief." Notes: Notes on Character of Accused Exception: Prosecution can't begin case by offering evidence of a person...
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