Stevie Tyrone Orr was indicted and convicted of theft of property in the second degree, §
At trial, the only evidence presented on the issue of the value of the coat was the testimony of the security manager. The coat did not have a price tag on it. The security manager testified that he had an employee in the department from which the coat was stolen take the coat and compare it to identical coats on the rack to determine the price. After the police arrived he went to the rack and determined the price by the same procedure.
This case is similar in many aspects to DeBruce v. State,
In the present case the security manager testified that he had nothing to do with the pricing of goods in the store. His testimony concerning the value of the coat was based on what someone else told him and on a price tag he observed on another coat. According to this court's ruling in DeBruce, the trial court erred in allowing the security manager to testify as to the value of the stolen property.
As a general rule, evidence of other collateral crimes is not admissible as substantive evidence to establish the guilt of the accused in a particular crime. Miller v. State,
A careful review of the record reveals that after the appellant was placed under arrest by the security manager and was apprised of his rights he attempted to gain his release by making a deal with the security manager. Appellant offered to surrender property which he had stolen and taken outside only minutes before he was apprehended while leaving the store with the coat which was the subject of the indictment. We believe that this statement by the appellant served to make it a part of the res gestae and indicated that his actions were close enough in time to show that it was part of one criminal transaction. Evidence of other alleged criminal activity is properly admitted where the episode is part of one continuous criminal transaction. Reeves v. State,
In the case of Howard v. State,
The trial court did not err in allowing testimony concerning the other property allegedly stolen by the defendant.
The trial judge is in the best position to collect and weigh all considerations *1016
in reviewing allegedly inflammatory questions or remarks by counsel, and great weight should be accorded his determination.Pickett v. State,
The comment in the present case is not unlike that in Varnerv. State,
The trial court at the time of closing arguments instructed the jury that the lawyers "can argue all inferences they can draw from the evidence," that "they can argue their interpretation of the law" and that "what they say is not evidence." This instruction would serve to offset any inflammatory result of the particular statements in question.
The trial court did not err in not sustaining the Defendant's objection to the prosecutor's remarks in closing argument.
Because the store security manager's testimony was incompetent and should have been excluded, the conviction must be reversed and the cause remanded.
REVERSED AND REMANDED.
All the Judges concur.
