State v. Eagle

The question posed for decision is whether the failure of the trial judge to sustain the defendant’s objection to the proposal of the Solicitor to exhibit an unidentified bottle of whiskey to the jury for its inspection and examination for the evident purpose of bolstering the State’s evidence against the defendant, constitutes prejudicial error in light of the following instruction given by the trial judge in his charge to the jury: “There is some evidence in the trial of the case here about a bottle of whiskey being found in the car. The Solicitor, in his argument, stated to counsel for the…