State v. Bailey
State v. Bailey
Dissenting Opinion
(dissenting) :
I respectfully dissent and would simply hold that assault and battery of a high and aggravated nature is not a crime of moral turpitude. I do so, well appreciating the fact that occasionally this offense may involve matters of moral tur
Opinion of the Court
Appellant was convicted of disturbing a school and assault and battery of a high and aggravated nature. He contends that error was committed by the lower court in admitting testimony concerning a prior conviction for assault and battery of a high and aggravated nature. We agree.
Proof of the nature of a prior conviction must necessarily be confined to the inherent nature of the crime as defined by law and particularized by the indictment. More thorough proof of the underlying circumstances would possibly require an extensive hearing on collateral matters and therefore be adverse to the uniform and efficient administration of law. See United States ex rel. Mansella v. Zimmerman, 71 F. Supp. 534 (E. D. Pa. 1947). Since the crime of assault and battery of a high and aggravated nature does not necessarily constitute a crime of moral turpitude, and since the indictment for the prior conviction was not produced for review by the trial court, appellant’s conviction must be reversed and the case remanded for a new trial. See State v. Harvey, 268 S. E. (2d) 587 (S. C. 1980).
Reference
- Full Case Name
- The STATE, Respondent, v. Ray Bailey, Appellant
- Cited By
- 9 cases
- Status
- Published