State v. Brozyna

{dissenting). I agree that a jury issue existed and that most of the assignments of error are not well founded, but I am convinced that a serious question arises over the treatment of the character evidence offered by the defendant.

In a trial of one charged with crime it is proper for the defendant to offer affirmative evidence of his reputation for a trait of character which would tend to make it unlikely that he would commit the act. If the defendant can establish good character he is entitled to the benefit of that fact in the consideration of his case by the jury. The estimate attached to…