State v. Naughten

Court of Appeals of Oregon

State v. Naughten

471 P.2d 830, 3 Or. App. 241, 1970 Ore. App. LEXIS 504

CourtCourt of Appeals of Oregon

DecidedJuly 9, 1970

StatusPublished

Cited by3 cases

This text of 471 P.2d 830 (State v. Naughten) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Naughten, 471 P.2d 830, 3 Or. App. 241, 1970 Ore. App. LEXIS 504 (Or. Ct. App. 1970).

Pincite

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.

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