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FLETCHER v. CITY OF NEWPORT

10/11/1976

ing about here when you were stopped by Officer Wilson, had you ever been arrested for anything before?


A. No, sir, not since I have been in Newport I have never been arrested.


Q. Have you ever been convicted of anything?


A. No.


Q. During the entire twelve years?


A. That is right. (Italics supplied.)


On cross-examination, testing the credibility of the witness, it was revealed by appellant's own testimony that he had been convicted of five misdemeanor charges since 1975. These included the driving while intoxicated - second offense on February 6, 1976, which he testified was on appeal, but whether an appeal was pending was disputed by the City. At this point the court overruled the appellant's objection. Since the record reflects that appellant by his own testimony invited the questions concerning his previous arrests we find no reversible error in this attack on his credibility. See Montaque v. State, 219 Ark. 385, 242 S.W.2d 697 (1951).


Affirmed.
We agree. HARRIS, C.J., and BYRD and HOLT, JJ.




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