June v. State

Head, Justice.

1. In the only special ground of the motion for new trial it is contended) that the evidence of the witness Jerome Keller, that in October, 1953, he saw the defendant menacing the deceased with a pistol, was improperly admitted over the objections that: the evidence showed a separate offense and put the defendant’s character in issue; the State had failed to prove that the defendant had committed any crime under the indictment; and the witness was testifying to “something four or five years ago.” The trial judge allowed the evidence with the following statement: “I will admit it…