Bain v. State
Bain v. State
Opinion of the Court
Harold Cleveland Bain was tried by jury on charges of (1) murder in the first degree and (2) attempted murder in the first degree. He claimed self defense and took the stand in his own behalf. During direct examination, Bain had testified that he informed the victims that he did not want any trouble because he was on life-time parole. On cross, the prosecutor asked Bain, “[w]hat crime were you on life-time parole for?” Defense counsel objected but on proffer of the answer out of the jury’s presence the objection was overruled. Upon the jury’s return, Bain’s answer then disclosed to them his prior conviction for murder. His timely motion for mistrial was denied, the only error he asserts on appeal from conviction on both offenses. We reverse.
The prosecutor’s question introduced evidence of the specific offense for which appellant had been convicted. It was not relevant to any issue.
The judgment is reversed and the cause remanded for a new trial.
REVERSED AND REMANDED.
. Appellee contends that since Bain testified as to his state of mind, i.e., concern for the consequences of a violation of life-time parole, the nature of the crime for which he was on parole was relevant to his state of mind. We think that argument is not sound.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.