Kernan v. State

Irving, J., delivered the opinion of the Court. • The sole exception in this case is to the admission of evidence showing what occurred at another saloon, a half square from the saloon where the homicide occurred, and only four or five minutes before the killing was done. The only question, therefore, is whether there was error in the admission of that evidence. If the evidence had been offered for the purpose of showing an assault upon another person át a different place and time, a different question would have been presented, and one on which there is conflict of authority, and upon which we do not feel called upon to pass in this case. So eminent a legal writer as Roscoe, 7th Ed.,page 90, says the notion “that the evidence in itself discloses another offence makes it inadmissible, is now exploded,” and he cites numerous authorities in support of his position; but, as we said, we do not decide that question.

The evidence was clearly not offered or ad ²⁵⁹ mitted for the purpose of showing another offence at or near the time and place of the killing. It cannot bo said that it proves any such offence. It was evidently offered to show the movements of the prisoner and his general conduct immediately preceding the offence of which he has been convicted; to show that he was armed and prepared for mischief, and was seemingly, at that moment, bent on mischief, and in a frame of mind likely to result in mischief. It can not have been offered to show his character for turbulence, and was not admissible for such purpose.

A simple act of that kind would not prove that he had that character. But such an act, so soon followed by the killing of a man, did