Ware v. State

Stevens, J.(1) The chief question presented is whether the court erred in admitting the diary of the defendant in evidence. Without this diary the proof is sufficient to sustain the verdict of guilty, although there was such conflict in the evidence as might have led the jury to find the defendant not guilty. But the diary presents such persuasive evidence of guilt as to lead any open-minded trier of fact to render a verdict of guilty. Upon this state of the record the substantial rights of the defendant were prejudiced if the diary ought not to have been received in evidence.

Defendant’s…