Witness presumed to speak truth
- jury judges of credibility
Source:
Section 44.370 — Witness presumed to speak truth; jury judges of credibility, https://www.oregonlegislature.gov/bills_laws/ors/ors044.html.
Notes of Decisions
An instruction in criminal prosecution that a witness is presumed to speak the truth did not nullify the presumption of defendant’s innocence where defendant put on a case. State v. Blocher, 10 Or App 357, 499 P2d 1346 (1972), Sup Ct review denied
The state had a right to show bias or interest of the witness by inquiring into the nature and circumstance of his acquaintance with the defendant and if the legitimate inquiry revealed that it was born and ripened in the penitentiary it is no less relevant. State v. Guerrero, 11 Or App 284, 501 P2d 998 (1972), Sup Ct review denied
A jury instruction on the presumption of truthfulness, when accompanied by burden of proof and reasonable doubt instructions, does not impliedly place the burden of proof on the defendant so as to deny due process of the law. Cupp v. Naughten, 414 US 141, 94 S Ct 396, 38 L Ed 2d 368 (1973)
COMPLETED CITATIONS: State v. Williams, 6 Or App 189, 487 P2d 100 (1971), Sup Ct review denied
Up to date