State v. Phillips

HIGGINS, Justice.

Ordinarily when it becomes necessary to order a new trial on the ground the prosecution in a criminal case was permitted, over objection, to introduce incompetent and prejudicial evidence, this Court confines the discussion to the assignment of error which challenges the admissibility of the evidence. In this' instance, Assignment of Error No. 1, based on Exception No. 28, challenged the admissibility of State’s Exhibit Eight— the defendant’s letter to the warden of the State’s prison.

The State’s witness who identified the letter stated on cross-examination it was written one…