State v. Ashley

MARTIN (Harry C.), Judge.

Defendant submits his first assignment of error as follows: “Did the trial court’s denial of the defendant’s motion to suppress evidence of flight and the giving of the pattern jury instruction on flight evidence constitute reversible error because the prejudicial impact of the flight evidence in this case outweighed its probative value on the question of the defendant’s guilt?”

Underlying defendant’s objection to the admission of this evidence is his contention that the inference from flight to consciousness of guilt is a weak one; that is, his flight indicated a fear…