Acrey v. Bauman

The question for determination is whether the trial court erred in admitting this testimony.

It is our opinion that the testimony was inadmissible on the ground that it was calculated to make an appeal to racial prejudice and tended thereby to impair the impartiality of the trial.

It is common knowledge that racial prejudice is easily aroused, and when injected into a case, more often than not, becomes a factor-which controls and dominates the minds of the jurors to the exclusion of any other consideration, preventing their fair and deliberate judgment upon the issues submitted to them for…