0717

I would say: "Rule 404 (a) (1) provides that the defendant may place her own character in issue."

Questions? Email me at tanford@indiana.edu and refer to 0717

The testimony continues:

Q: Mr. Attinger, do you wish to see justice done in this case?
A: Yes!

Q: All right then! Tell the truth. Do you love your wife? Tell the truth.
A: No.

Q: Did you love her before she shot you? Tell the truth.
A: When before?

Q: The day before.
A: No.

Q: When did you meet Beryl Cain?
A: A year-maybe a year-and-a-half.

Q: And when did you stop loving your wife? Tell the truth.
A: At least three years ago.

Q: Why? Tell the truth.
A: She started getting too fat.

Q: Did you tell Doris she was getting fat?
A: Yeah.

Q: What happened?
A: She got fatter.
Prosecution: Objection. This is character evidence.
Defense. What? A character for getting fat? This isn't character evidence.

What do you think? Is this character evidence? When you think you know the answer, click here .