78 Mo. App. 166 | Mo. Ct. App. | 1899
This is an action on several accounts. Judgment in the trial court was for defendant.
The case presents, but a single point for decision and that is whether it was proper to permit the defendant who was a witness in his own behalf to introduce evidence of his good character for truth and honesty. The question arose in this way: Defendant did not deny the accounts but claimed that they were paid and produced them with what purported to be receipts in full indorsed on the back thereof. Plaintiff then introduced evidence tending to show that the receipts were forgeries committed by defendant. Defendant was then permitted, over plaintiff’s protest and exception, to introduce evidence to show that his general reputation for truth and honesty was good.
But, in this case, the imputation of forgery was not cast upon defendant in his capacity as a witness. It was not so pretended. It was a mere incident arising on the issues involved. Besides, being a single act, it was not competent as impeaching evidence. While it may have an effect with the jury in weighing the party’s testimony, yet that can not be allowed to break the rules of evidence. In cases where the tendency of such evidence would be to create with the jury an impression of guilt, the court should instruct that the evidence was admitted, not for the purpose of showing guilt, but as affecting the defendant’s credibility only. State v. Broderick, 61 Vt. 425.
We therefore hold, for the reasons aforesaid: First, that defendant as a party had no right to introduce testimony as to his character for truth and veracity. Second, that though as a party he could not show his good reputation