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Home / Courts / Criminal Practice – Evidence – Other Bad Acts – Witness’s Conviction – Burglary & Assault (access required)

Criminal Practice – Evidence – Other Bad Acts – Witness’s Conviction – Burglary & Assault (access required)

State v. Ellerbee Although the trial court should not have admitted evidence that defendant had assaulted someone else and that a defense witness had been convicted of manslaughter in 1986 (released in 1991), the evidence of defendant’s guilt was so overwhelming that these errors were not prejudicial: (1) The victim testified that he observed defendant’s face and recognized his voice during the beating, (2) Katie Lane testified that she recognized defendant’s voice as being the one who was yelling at the victim in the road, and (3) Abbie McRae testified that she witnessed defendant beating the victim, had a conversation with defendant, and had known defendant her entire life.

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