Bowen v. State

Deen, Judge.

It is error in a criminal case for the State to place the defendant’s character in issue where he has not voluntarily chosen to do so. Code § 38-202. On a motion for mistrial based on such testimony the trial judge has a large discretion and, where the improper matter has in fact been volunteered by a witness by an answer not responsive to the question it has frequently been held that action on the part of the trial court in ruling it out and instructing the jury to disregard it, or in reprimanding and cautioning the witness, is a sufficient corrective procedure, although "the…