STATE v. WHITE

No. 930696-CA.

880 P.2d 18 (1994)

STATE of Utah, Plaintiff and Appellee, v. Theodis WHITE, Jr., Defendant and Appellant.

Court of Appeals of Utah.

August 17, 1994.


Attorney(s) appearing for the Case

Joan C. Watt (Argued), Lisa J. Remal, Salt Lake Legal Defender Ass'n, Salt Lake City, for appellant.

Jan Graham, State Atty. Gen., Kenneth A. Bronston (Argued), Asst. Atty. Gen., Salt Lake City, for appellee.

Before DAVIS, JACKSON and ORME, JJ.


OPINION

DAVIS, Judge:

Appellant, Theodis White, Jr., claims that the trial court erred in its application of Utah Rule of Evidence 403 by admitting into evidence the blood-stained clothing of the individual he stabbed. We agree that the prejudicial effect of the introduction of the clothing substantially outweighed any probative value, but hold that the trial court's error was harmless.

FACTS

At approximately 1:00 a.m. on May 23, 1993,...

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