State v. Foster

JOHNSON, Judge.

The sole question presented for review is whether defendant is entitled to a new trial because of the trial court’s refusal to give his requested instruction limiting the purposes for which the jury could consider the evidence that a “mug shot” was taken of the defendant four months before the charged offense occurred. For the reasons set forth below, we hold that the trial court’s refusal to give the limiting instruction requested by defendant was prejudicial error, entitling defendant to a new trial.

The charges against defendant arose out of the robbery of the Community…