Hicks v. State

Head, Presiding Justice.

Ground 1 of the amended motion for new trial states that a witness for the State was asked the question: “Do you know where Willie Floyd Hicks lived before he came to live with you?” To which the witness replied, “He got off the gang.” Counsel for the defendant moved to rule the evidence out because it was immaterial, and moved for a mistrial; and the trial judge denied the motion. It is asserted in this ground that this evidence injected the character of the defendant in evidence without his having placed it in evidence.

The assertion that the defendant’s character had…