Diaz v. State
Diaz v. State
Opinion of the Court
Defendant was convicted of theft by receiving a stolen truck (Count 1) and of possessing the same vehicle which had had its identification number removed and falsified (Count 2). Held:
1. The state called as a witness the former girl friend of defendant. After her cross examination, the district attorney’s re-direct examination of this witness established the following:
". . . Q. Prior to Sunday had you told me of the nonexistence of Mr. Dixson? A. No, sir. I was afraid to tell you. Q. Why? A. Because Mr. Diaz would probably kill me. He tried already once. Q. If you would, explain that? A. Well when I started going with Mr. Kenmore, he didn’t like the idea. Q. Who didn’t like it? A. Mr. Diaz. He was screaming and hollering and he choked me. He threw me up against the barn and Clay come out with a gun. Then he let me go . . .”
The defendant then moved for a mistrial on the ground this testimony concerning an assault by defendant on this witness erroneously placed the defendant’s character in issue as he had not previously interjected his character into the case. The motion was
2. The other enumerations of error either have no merit or are not likely to re-occur at a new trial.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.