WEIST v. STATE

CRIMINAL LAW — APPEAL ERROR — RULING ON MOTION TO STRIKE EVIDENCE. — In a prosecution for negligent homicide upon proof that accused's drunken driving caused the collision, no prejudice resulted to accused where trial court permitted prosecuting attorney, over defense counsel's objection, to ask a witness if he knew accused drank and the question was never answered.

GEORGE ROSE SMITH, Justice.

The appellant was convicted of negligent homicide upon proof that his drunken driving caused a traffic collision in which Don Taylor Gazaway was killed. The jury fixed the penalty at imprisonment for one year and a fine of $500.00.

For reversal the appellant urges a single point, that the trial court erred in permitting the prosecuting attorney, over the objection of defense counsel, to ask the witness Gage if he knew that the accused drank. A complete answer to this contention is simply that the question was never answered; so there could have been no prejudice. Reynolds v. State, 220 Ark. 188, 246 S.W.2d 724 (1952). Supreme Court of Arkansas

Affirmed.

AMSLER, J., not participating.