Griffith v. State
Griffith v. State
Opinion of the Court
The defendant was found guilty of distilling,
manufacturing, and making whisky. He filed a motion for new trial on the general grounds and thereafter added two special grounds. The general grounds are abandoned. We set forth the special grounds verbatim as they appear in the record:
“Fourth ground (special ground one). Movant contends that
“Movant contends that this evidence was improperly admitted by the court and involved transactions too remote for consideration by the jury and was confusing to the jury over objections duly made, and was error and was harmful to the defendant’s cause.
“Fifth ground (special ground two). Movant contends that the coui’t erred in failing to rule out all of the evidence contained in ground four of this amended motion and the failing to instruct the jury that they could not consider the same upon the trial, which is shown by the following colloquy: Mr. Pollock: Your Honor, I wish to state the State is not offering any proof of any specific crime, or any indictment, or anything of that kind, in this case, but simply offering the general reputation of the defendant as to dealing in whisky. Mr. Roberts: I think, your Honor, even with that he has failed to remove the damage he has done in calling all those, and we ask the court to charge the jury that they are not to allow any of the evidence the solicitor has offered in reference to any charges against this boy as evidence against him in this case. The Court: I am going to confine the issue, the defendant has put the issue as to the particular trait as to whether or not he was in the liquor business, or had any dealings with liquor, and any evidence shall be only considered as to whether or not it is rebuttal to that, not any question as to the guilt or the innocence in this particular case.
“Because, as movant contends, the court erred in not entirely erasing from the minds of the jury the evidence elicited by the solicitor-general in his charge to the jury, as such evidence was harmful to the defendant’s cause and confusing to the jury.”
In view of the fact that the defendant in his statement introduced his good character in issue with reference to dealing in liquor and that the allegations of the special grounds are to the effect of rebutting the statement of the defendant, and in view of the fact of the restrictions imposed by the court as shown in these grounds, and in view of the fact that in the absence of the charge of the court as being a necessary part of the record, we must conclude that the charge on the questions
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.