Eubanks v. State

The defendant was indicted and tried on the charge of murder in the first degree. A verdict of guilty of murder in the second degree was returned by the jury.

In disposing of this appeal it is only necessary to consider one assignment of error —“Did the Court err in striking the testimony of the three reputation witnesses.”

The Court struck the testimony of the witnesses John Newbern, Horace O’Shields, and Howard K. Hall because each of said witnesses testified that their opinion of the defendant’s character was based primarily on the fact that they had never heard anything bad or derogatory…