Whittington v. State

BENTON, Judge.

Convicted of shooting into a building and of aggravated assault with a firearm, Richard Whittington appeals, claiming that the trial court erred in ruling that he would be “testifying,” and so subject to impeachment, if he displayed his tattoos to the jury. We conclude that a new trial is necessary unless, on remand, he fails to establish that he had the tattoos at the time of the shooting.

Evidence at trial established that appellant was one of three young men who appeared uninvited at the victim’s house. She testified that it was Whittington who pointed a gun at her; and that…