The plaintiff in error, T. J. Peeples, who was convicted upon an indictment charging him with having received from Walter Bohannon stolen goods, knowing the same to have been stolen, complains of the overruling of his motion for a new trial. It contains many grounds. Some of them relate to questions which can hardly arise at the new trial which we shall grant, and others are not of sufficient importance to require special notice at our hands.
1. The accused relied largely in his defense upon proof of his previous good character, and called to the stand for the purpose of establishing the same quite a number of witnesses. His counsel offered to inquire of them, “how long they had known him, how near they had lived to him, and how intimately acquainted with him they were.” The court refused to permit this to be done. In our judgment, the court should, within reasonable limits, have allowed an examination of these witnesses upon the line indicated. It would not, of course, have been competent to prove by them particular acts pf the accused tending to show good character, or allow them to state
2. The charge of the court, in so far as it dealt with legal principles involved in the case, was substantially correct. Portions of it were, however, argumentative; but we apprehend that at the next trial the court’s instructions to the jury will not be in this respect subject to criticism.
In' ruling upon certain questions arising during the trial, the judge made remarks which were objectionable and calculated to prejudice the case of the accused. We will call attention to two of these. The accused having moved for a continuance on the ground of an absent witness, viz., his son Drew Peeples, and having- sworn that this witness was not absent with his knowledge or by his procurement or consent, the judge, in the presence of those from whom the jury was to be selected, remarked in this connection: “I will pass this case until a
A slight error was committed in permitting the introduction of hearsay testimony; but the record does not disclose that any other illegal evidence was admitted. We are satisfied, upon a careful review of the whole case, that a new trial should be granted ; and it is accordingly so ordered.
Judgment reversed.