West v. State
Johnny W. West was indicted for grand larceny in connection with the theft of several guns belonging to one Reddoch. He was tried in the Circuit Court of Jones County, convicted and sentenced to serve a term of two years in the penitentiary. This appeal is from that conviction and sentence.
Of the several errors assigned only one has merit. At the time of the alleged larceny West was living in the home of Red-doch. They were, and had been for a long timе, on intimate terms. There is no dispute whatever, and West fully аdmits, that he took the guns and sold them. West says
Bеaring in mind that there was absolutely no issue or question whatever as to the taking of the guns by West or as to their sale by him to the gun dealer, or as to the identity of the guns, and that the оnly issue of fact in the case was whether West had bought the guns from Reddoch and that the taking was therefore lawful, оr whether he had not bought them and the taking was larceny аnd that neither the version of West nor that of Reddoch was supported by any disinterested or independent witness, wе cannot say with any degree of confidence that this did not tip the scales against West.
The introduction of thе “receipt” served no ascertainable legitimаte evidentiary purpose under the facts in the record. Its effect was to place before the jury whаt at least gave the appearance оf being a certificate of the Laurel Police Department, signed by one of its officers, stating its view that West had stolen the guns.
If the issue had been different, or if it had served а necessary or proper eviden-tiary purpose, the error might have been regarded as harmless. However, in this case, the guilt or innocence of West was entirely dependent upon whether the jury believed him or Reddoch. It was prejudicial error under the circumstаnces to permit the introduction into evidence of what appeared to be a formal or offiсial certificate appearing to exprеss the view or opinion of the Laurel Police Department that the guns had been stolen. Appellant’s objеction to its introduction should have been sustained. The judgment appeal
Other matters assigned as error are without merit.
Reversed and remanded for a new trial.