State v. Ates

Appellant Wayne E. Ates (Ates) was convicted of grand larceny in connection with the theft of a camera belonging to Thomas Pauli (Pauli). We reverse and remand for a new trial.

At trial, Pauli was unable to testify to the exact price of the camera when purchased in September, 1986. He did testify, however, that its replacement cost was $629.

On cross-examination, defense counsel attempted to question Pauli concerning the difference between the camera’s actual and replacement value. The trial judge interrupted, stating: “Excuse me, Mr. Mills, I don’t want to interrupt you but if he paid five…