State v. Erby

MARTIN (Harry C.), Judge.

Defendant is entitled to a new trial. Of numerous assignments of error raised on appeal, all of which have merit, we will limit our discussion to those evidencing obvious error and prejudice to the defendant.

On direct examination of the defendant, he was asked the following question in an effort to offer an explanation as to why he was carrying a gun on the night of the shooting:

Q. All right, and how did it [the gun] come to be in your right front pocket?

A. The night before, we had some trouble down there. Some guys was shooting—

District Attorney: Objection.

COURT:…