Matthews v. United States

• Decision Date: 09 November 1944
• Docket Number: No. 11093.,11093.
• Citation: 145 F.2d 823
• Parties: MATTHEWS v. UNITED STATES.
• Court: U.S. Court of Appeals — Fifth Circuit

145 F.2d 823 (1944)

MATTHEWS v. UNITED STATES.

No. 11093.

Circuit Court of Appeals, Fifth Circuit.

November 9, 1944.

O. S. Lewis, of Dothan, Ala., for appellant.

Hartwell Davis, Asst. U. S. Atty., of Montgomery, Ala., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.

PER CURIAM.

The defendant offered himself as a witness in his trial. He could lawfully be impeached as a witness by proof that he had been convicted of other felonies and could be himself interrogated about it. Williams v. United States, 5 Cir., 254 F. 52; Gordon v. United States, 5 Cir., 254 F. 53; Wheeler v. United States, 5 Cir., 293 F. 588; Pittman v. United States, 8 Cir., 42 F.2d 793; Fire Assn. of Philadelphia v. Weathered, 5 Cir., 62 F.2d 78; Scaffidi v. United States, 1 Cir., 37 F.2d 203.

Judgment affirmed.