People v. McGee

I must respectfully dissent. Revealing to the jury that defendant was in the county jail in 1971 was unfortunate but, in the context of this case, I do not believe it amounts to reversible error. The testimony in question was given by a witness who testified that defendant had admitted that he had previously stolen the murder weapon. To begin with, the reference was fleeting and never emphasized by the prosecution. Further, the record does not indicate that the prosecutor intended to elicit the testimony, and the questionable testimony was certainly gratuitous in regard to the question asked.…