Logston v. State , 266 Ind. 395 ( 1977 )

Opinion Concurring in Result

DeBruler, J.

I cannot agree that the cross-examination of the witness Joseph Alvey was properly curtailed because it sought to elicit hearsay. Alvey was the victim of the robbery. On cross-examination he was asked whether anyone besides himself had seen the robber’s car, which he had described on direct examination. He replied that “a couple of kids” had seen the car and given its license number to the police. This answer was objected to and stricken as hearsay. I believe that this testimony was admissible, not to prove the truth of its subject matter, for which purpose it is inadmissible as hearsay, but to impeach Alvey’s credibility by showing information available to the witness which could affect his perception or recollection of the events of which he testified. I further believe that trial judges do not have discretionary power to preclude valid cross-examination. However, since the usefulness of this testimony in evaluating Alvey’s credibility is not great, I would hold the exclusion harmless error.

Note. — Reported at 363 N.E.2d 975.