determining that joinder of the offenses, although improper, was not prejudicial in part because "[e]vidence of each of these offenses would have been admissible in the separate trials of the others in order to prove the identity of the assailant"
How later courts described this case
- determining that joinder of the offenses, although improper, was not prejudicial in part because "[e]vidence of each of these offenses would have been admissible in the separate trials of the others in order to prove the identity of the assailant"
- no shift of burden of proof to defendant when court instructed, “[i]f you find the facts to be as the defendant’s evidence tends to show them, then you are to acquit the defendant,” and charge as a whole conveyed the proper-burden of proof
- prospective juror who states opinion on disposition of case can serve if it is established that he can “lay aside” his opinion and render verdict on the evidence
- "Although, generally, evidence of crimes other than the one charged is inadmissible to show the character of the accused or his disposition to commit an offense of the nature of the one charged, such evidence is admissible if it is relevant to show the identity of the perpetrator of the crime charged."
Written by the judges who cited it.
The opinion
Justice Frye
dissenting.
For the reasons stated in State v. Jerrett, No. 228A82 (filed 27 September 1983), and in the dissenting opinion herein by Justice Exum, I dissent from that part of the majority opinion which holds that the trial court did not commit prejudicial error in denying defendant’s motion for a change of venue or special venire. I vote to give defendant a new trial.