DocketNumber: 6 Div. 648.
Judges: Anderson, Somerville, Thomas, Bould-In
Filed Date: 12/16/1926
Status: Precedential
Modified Date: 10/19/2024
As a rule, when a defendant's general character is put in issue, the evidence should be confined to the time of and anterior to the alleged commission of the offense to which he was being tried. White v. State,
The trial court should not have permitted the introduction of the clothing of the deceased, as it shed no light whatever upon any material inquiry in the case, and *Page 473
was but the presentation of an unsightly spectacle calculated to prejudice the jury. There was no dispute as to the location of the wounds or the character of same on or about the head, and the bloody clothing of the deceased shed no light upon any controverted fact. The clothes worn by the deceased should never be offered in evidence unless they "have some tendency to shed light upon some material inquiry." Louisville N. R. Co. v. Pearson,
The trial court committed no reversible error as to any of the other rulings.
For the errors above indicated, the judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
SOMERVILLE, THOMAS, and BOULDIN, JJ., concur.