condemning prosecutor’s recreation of the image of de ceased through the use of decedent’s trousers and shoes, noting the “illustration used by the prosecutor served no useful or explanatory purpose but rather only served to inflame the jury’s emotions,” but determining the error not to be reversible
How later courts described this case
- condemning prosecutor’s recreation of the image of de ceased through the use of decedent’s trousers and shoes, noting the “illustration used by the prosecutor served no useful or explanatory purpose but rather only served to inflame the jury’s emotions,” but determining the error not to be reversible
- where no controversy exists as to location of wounds, blood-soaked shirt, tie and belt had no probative value and should have been excluded as prejudicial
Written by the judges who cited it.
The opinion
BUSSEY, Judge,
specially concurring:
I am of the opinion that the admission into evidence of the shirt and tie complained of in defendant’s Assignment of Error II had probative value and was properly admitted into evidence, and finding the record free of any error which would justify a modification or reversal, I concur in the affirmance of the judgment and sentence.