State v. Dawson

HUSKINS, Justice.

Defendant’s first thirty-nine exceptions and assignments of error based thereon are addressed to the admission of evidence. Those which merit discussion will be considered in numerical order.

Defendant initially asserts that the trial court erred in allowing the witness Donald Brake to testify that when defendant, at the Hamburger Shop shortly after the fight, told him he had kicked Jimmie Collie so hard he had sprained his ankle, he “seemed to be joking about it.” Defendant claims the witness was thus permitted to state a conclusion which was irrelevant and highly prejudicial…