Prince v. State

The defendant was indicted and convicted for the murder of Viola Drinkard. He was sentenced as an habitual offender to life imprisonment.

I

In an unresponsive answer, a state investigator testified that the defendant was arrested on a bench warrant for probation violation. This was objectionable and improper because evidence of past criminal activities of the accused other than that for which he is being tried is inadmissible. C. Gamble, McElroy'sAlabama Evidence, Section 69.01 (1) (3rd ed. 1977).

However, the motion for mistrial was properly overruled because such a motion should not be granted…