State v. Miller

GIVENS, J.,

Dissenting. — The substance of appellant’s assignment of error as to the court’s ruling and remark dur*87ing the impaneling of the jury, as argued in his brief, challenged the comment, not the ruling, and I agree the comment was not harmful.

Conceding that specific instances may not be shown to prove reputation, even a superficial perusal of the record shows no prejudice resulted from the slight infraction of the rule herein, in which event a reversal is not justified. (State v. Gallagher, 14 Ida. 656, 94 Pac. 581; State v. Ray, 32 Ida. 363, 182 Pac. 857; State v. Bubis, 39 Ida. 376,…