State v. Kelly

The writer respectfully dissents.

In my view, prejudicial error in direct violation of statute contributed to this conviction by a 9-3 vote of the jury. The defendant was questioned as to prior arrests and charges which did not result in a conviction, all unrelated to the present offense, in violation of our procedural statutes, as will be related. Additionally, the prosecutor’s trial argument improperly relied upon details of a prior charge for which no conviction was obtained. The purpose of a criminal prosecution is to convict or not on the basis of the guilt or innocence of the accused of…