noting that evidence of the defendant acting in conformity with prior unproven acts should be prohibited under SDCL 19-12-5
How later courts described this case
- noting that evidence of the defendant acting in conformity with prior unproven acts should be prohibited under SDCL 19-12-5
Written by the judges who cited it.
The opinion
WUEST, Justice
(concurring specially).
The State should not have offered evidence of the firearm and marijuana found in the car. The court should not have admitted it, although the defense objection was too general. If the evidence of guilt was not so strong, I would probably vote to reverse. However, given the totality of the evidence, I concur.