State v. Davis

Defendant contends that he is entitled to a new trial by reason of the admission of irrelevant and prejudicial evidence, and error in the charge.(1) An agent of the State Bureau of Investigation was permitted to testify, over defendant’s objection, that he saw defendant immediately in front of prosecutrix’ home about 12:30 A.M. on the night in question and defendant was then “intoxicated to the extent he was staggering on the street.” Defendant contends that the testimony with respect to intoxication is irrelevant and without purpose other than to prejudice the jury against him, and, further,…