People v. Smith

Defendant appeals from a conviction for aggravated battery the sentence for which was three to five years. The victim was his wife. This occurred on June 4. The indictment was returned November 7 and on the trial proof was permitted of a scuffle over an ax on November 9 between them. The exact testimony of the wife was that “me and him was scuffling with it [the ax] and finally my son got to him and talked him out of it”. It is argued now that the admission of this incident over objection warrants a new trial. In addition, or rather, in the alternative, defendant requests that we modify the…