Posey v. State

Smith, Judge.

In this case, where Posey was convicted of voluntary manslaughter, the Sheriff of Haralson County testified as to Posey’s questionable character for honesty and truthfulness, without his first having placed his character into issue. We therefore reverse, concluding that the trial court erroneously overruled Posey’s motion for mistrial.

The testimony of Terrell Payton was the only evidence placing Posey on the scene of the crime. On cross examining the sheriff, appellant’s attorney attempted to discredit Payton, and the following colloquy transpired: "Q. Does Terrell Payton have a…