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UNITED STATES v. TONEY

No. 78-5433.

615 F.2d 277 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. James Finis TONEY, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1980.

Attorney(s) appearing for the Case

Ronald W. Maxwell, Jacksonville, Fla., for defendant-appellant.

Thomas E. Morris, Asst. U. S. Attys., Jacksonville, Fla., for plaintiff-appellee.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This case presents the question whether a district court has the discretion under rule 403 of the Federal Rules of Evidence1 to prohibit the impeachment of a witness with a conviction for a crime involving dishonesty or false statement (a crimen falsi).2 We hold that the court has no such discretion and that a cross-examiner has an absolute right to introduce a crimen...

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