State v. Oswalt
Supreme Court of Washington
381 P.2d 617 (Wash. 1963)
Oswalt (defendant) was charged with robbery and burglary due to an incident in Seattle. At trial he asserted a defense of alibi. In presenting that defense, he called the owner of a restaurant in Portland who testified that Oswalt had been in the restaurant in Portland every day for the previous couple of months, including the day the burglary occurred. To rebut this evidence, the prosecution introduced the testimony of a police detective who stated that he saw and talked to Oswalt in Seattle about one month prior to the burglary. He also testified that Oswalt told him that he had been in Seattle for a couple of days. Oswalt objected to this testimony, but the trial court admitted it and convicted him. Oswalt appealed.
Rule of Law
Holding and Reasoning (Hamilton, J.)
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