State v. Tolson

Larson, J.

(dissenting)- — -I am unable to agree’ with the majority herein. It is true the case was not well presented by the State’s attorney in the court below, but I am inclined to *742believe the matters complained of were due to a lack of careful preparation and were not intentional departures from the well-established rules of evidence. Nevertheless, I feel the trial court amply protected defendant and no prejudicial error sufficient to reverse is evident. Considerable latitude is extended the trial court in passing on questions of impeachment when a defendant takes the stand in his own behalf, and I cannot find herein any serious abuse of that discretion. In view of the seriousness of the crime charged and the clear guilt of the defendant, I feel we should be most reluctant to chastise the State’s attorney for his shortcomings and reverse upon the rather technical grounds set forth in the majority opinion. I would affirm.