Ailstock v. State

Carley, Judge.

Appellant appeals from his conviction of simple battery.

1. The state, asserting that it expected appellant to “attempt to introduce testimony as to the character of the victim,” filed a motion in limine to exclude “any reference to the character of the victim of the crime absent [appellant’s] prima facie showing that the victim was assailing the [appellant] at the time the crime was committed.” (Emphasis supplied.) The state, in support of its motion, cited several cases for the “well settled principle of law that evidence regarding the character of a victim of a violent crime…