State v. Gilley

BRITT, Justice.

By the first assignment of error argued in his brief, defendant contends that the trial court erred in excluding certain testimony which defendant attempted to extract from Simpson, the alleged victim, on cross examination. This assignment has no merit.

The record reveals the following:

Q. Isn’t it true, Mr. Simpson, that you are a homosexual?

MR. XANTHOS: Objection.

A. That is no.

COURT: Just a minute.

The jury will retire while the Court hears a matter concerning the law which must be heard out of your presence. Don’t talk about the case while you’re out.

(At this time the jury went…