State v. Gairns

(dissenting) — I agree with the majority that the statement made to the probation officer by the defendant was probative on an essential element of the crime charged and was admissible. My disagreement, however, relates to permitting the witness, Kirk McKiddy, to identify himself as a probation officer. McKiddy's testimony conveyed to the jury the fact that he was Gairns' probation officer and that the defendant had been previously convicted of a crime. The court's failure to take necessary precautions to prevent this compels the granting of a new trial. A recital of the proceedings leading…