State v. Naughten

Court of Appeals of Oregon
State v. Naughten, 471 P.2d 830 (1970)
3 Or. App. 241; 1970 Ore. App. LEXIS 504
Cueiam, Schwab, Langtry, Fort

State v. Naughten

Opinion

PEE CUEIAM.

Defendant was tried and convicted upon jury trial of the crime of assault and robbery being armed with a dangerous weapon. He did not take the witness stand.

His sole ground of appeal is that the trial court erred in instructing the jury:

“Every witness is presumed to speak the truth. This presumption may be overcome by the manner in which the witness testifies, by the nature of his or her testimony, by evidence affecting his or her character, interest, or motives, by contradictory evidence, or by a presumption.”

This instruction is not erroneous. State v. Kessler, 254 Or 124, 458 P2d 432 (1969); State v. Blank, 1 Or App 550, 464 P2d 836 (1970).

Affirmed.

Reference

Full Case Name
STATE OF OREGON, Respondent, v. HUGH KYLE NAUGHTEN, Appellant
Cited By
3 cases
Status
Published