McCarty v. State

I agree with the majority that in view of the total evidentiary pattern resulting from the trial below, there was no reversible error in admitting evidence of the eleven-year-old prior offense which the state sought to attribute to the defendant. However, I want to emphasize that I concur solely because of the intervening offense which occurred only four and a half years prior to the trial. As pointed out by the majority, the more recent offense was shown by “unchallenged evidence.” However, it is my firm opinion that, but for the unobjected-to evidence of the 1976 offense, the 1970 offense…