Demmert v. State , 1977 Alas. LEXIS 425 ( 1977 )

BOOCHEVER, C. J.,

with whom DIMOND, J. Pro Tern., joins, concurring.

I believe that the state’s inquiry as to the similar 1968 incident was also permissible for impeachment purposes. With reference to the incident of June 22, 1975 for which he was being tried, Mr. Demmert was questioned by the District Attorney as follows:

Q All right. But — you don’t know . you don’t know of any particular reason why he would make this up or lie about this, do you?

A No, I don’t.

Q All right. Would you be surprised if it were true?

A I probably would.

Q And why would you be surprised?

A Well, I’d never do anything like that.

The statement by Mr. Demmert that “I’d never do anything like that” was made as a denial of the acts for which he was accused. It is reasonable to infer from this language that Demmert was indicating he would not do such an act in the future and that he had never done any such act in the past. It was therefore permissible for the District Attorney to impeach on the question of whether he had done such an act in the past to refute the implications of Demmert’s own statements.