evidence of accused’s alleged prior assaults on victim admissible to prove “ ‘state of feeling’ ” between the two and thereby establish motive
How later courts described this case
- evidence of accused’s alleged prior assaults on victim admissible to prove “ ‘state of feeling’ ” between the two and thereby establish motive
Written by the judges who cited it.
The opinion
WINTERSHEIMER, Justice,
dissenting.
I respectfully dissent because I believe the errors noted by the majority did not result in an unfair trial for the accused. The law does not require that a defendant receive a perfect trial, but only a fair trial. See Michigan v. Taylor, 417 U.S. 433 at 446 , 94 S.Ct. 2357 at 2364 , 41 L.Ed. 182 (1974). A careful reading of the extensive record indicates that no essential unfairness occurred.
Considering the quality and sufficiency of the evidence presented to the jury, I do not believe the trial errors were significant enough to require reversal. The claims of error are nonprejudicial because consideration of the entire case does not indicate that there is any substantial possibility that the result would have been any different. Abernathy v. Commonwealth, Ky., 439 S.W.2d 949 (1969); RCr 9.24.
There was no reversible error in the rulings by the trial court on the numerous objections including those which relate to the introduction of allegedly inflammatory evidence of uncharged conduct. It was not reversible error for the trial court to admit into evidence photographs of the deceased victim taken at the scene of the crime and during the autopsy. In this age of television news coverage, jurors are able to view the picture of the body of a crime victim without prejudice to the defendant. Napier v. Commonwealth, Ky., 426 S.W.2d 121 (1968).
I would affirm the conviction in all respects.