Hale v. State

George Rose Smith, Justice.

The three appellants, Arthur Isaac Hale, Oren Ray Hayes, and Charles McMullen were convicted of burglary and grand larceny and were each sentenced to 21 years imprisonment upon each charge. The State’s proof showed that on January 5, 1970, they broke into the residence of R. H. Alexander and stole a collection of rifles, pistols, and shotguns. Three points for reversal are argued.

First, the trial judge refused to allow defense counsel to ask a witness for the State whether she had ever committed the crime of sodomy. In so ruling the presiding judge was under the…