§ 25-1211 — Witnesses; credibility; impeachment

Nebraska § 25-1211

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

Facts which have heretofore caused the exclusion of testimony, may still be shown for the purpose of lessening its credibility.

Legislative History

Source: R.S.1867, Code § 330, p. 450; R.S.1913, § 7903; C.S.1922, § 8845; C.S.1929, § 20-1211; R.S.1943, § 25-1211. Annotations: State was permitted on cross-examination to interrogate accused as to his prior criminal record. O'Connor v. State, 123 Neb. 471, 243 N.W. 650 (1932). Evidence of writings made during trial as a basis of comparison for determination of disputed documents was properly admitted. In re Estate of Husa, 121 Neb. 67, 236 N.W. 177 (1931). Record of conviction may be received to lessen credibility of witness, but such record is not conclusive. Reed v. State, 66 Neb. 184, 92 N.W. 321 (1902). Previous inconsistent statements of witness may be shown, where proper foundation therefor has been laid. Omaha Loan & Trust Co. v. Douglas County, 62 Neb. 1, 86 N.W. 936 (1901); Tatum v. State, 61 Neb. 229, 85 N.W. 40 (1901). Evidence of reputation of witness should be confined to reputation at place of residence. Faulkner v. Gilbert, 61 Neb. 602, 85 N.W. 843 (1901). The record of conviction of an offense below the grade of a felony is not admissible to affect the credibility of a witness. YMCA of Lincoln v. Rawlings, 60 Neb. 377, 83 N.W. 175 (1900).