Other incidents that are totally unrelated to the charge in question are "clearly inadmissible." Rowdean v. State, 280 Ark. 146, 147, 655 S.W.2d 413 (1983), Alford v. State, 223 Ark. 330, 266 S.W.2d 804 (1954). If the testimony is not relevant to prove intent to commit the crime charged, then the testimony is inadmissible. Hawksley v. State, 276 Ark. 504, 637 S.W.2d 573 (1982). Alford, supra, was recently cited in Hanlin v. State, 356 Ark. 516, 157 S.W.3d 181 (2004). It has been cited numerous times since adoption of Rule 404.
He contends it was obvious that the conviction was more than 10 years old, and the Trial Court should not have admitted evidence of it without inquiring further as to its admissibility. In Hawksley v. State, 276 Ark. 504, 637 S.W.2d 573 (1982), Mr. Hawksley was accused of burglary, aggravated assault, criminal mischief, and two counts of battery arising from a single incident. When cross-examining Mr. Hawksley the prosecution asked whether he remembered an incident in which he was convicted of escape and disorderly conduct as criminal mischief in the second degree.
Thus, it was improper for the circuit court to allow the State to present testimony regarding Stanton's character for lack of peacefulness because there was no testimony on that characteristic for the State to rebut. Compare Hawksley v. State , 276 Ark. 504, 637 S.W.2d 573 (1982) (stating that because appellant did not testify on direct examination about a character trait of nonviolence, rebuttal testimony was not admissible) with Spohn v. State , 310 Ark. 500, 837 S.W.2d 873 (1992) (citing same language from McCormick on Evidence and stating that appellant's testimony that there was no violence in his relationship with the victim and that he had never been charged with a criminal offense invited rebuttal from the State on the peacefulness of his character). Because the circuit court abused its discretion in allowing the State to present the testimony, we reverse Stanton's convictions and remand the case for a new trial.
When the issue of prior convictions is raised, the judge has a duty to see that he is informed of the relevancy before the evidence is admitted. Hawksley v. State, 276 Ark. 504, 637 S.W.2d 573 (1982). There is no such finding in this case.
In so holding, the court said:" `Pecuniary interest, personal affection or hostility, a quarrel or prejudice may always be shown to discredit a witness.'" Hawksley v. State, 276 Ark. 504, 510, 637 S.W.2d 573 (1982). Where the defendant was charged with attempted murder and the trial court excluded evidence that the state's principal witness had instituted a civil suit against the defendant, her former live-in boyfriend, for damages she claimed arose out of the facts of the crime charged, the Supreme Judicial Court of Maine held such exclusion was prejudicial error.