680 WEIST V. STATE [240 WEIST V. STATE 5160 401 S. W. 2d 565
Opinion delivered April 18, 1966 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. Appeal from Craighead Circuit Court, Jonesboro Dist., John S. Mosby, Judge ; affirmed. Frank Sloan, W. B. Howard and Jack Segars, for appellant.
ARK.] WEIST V. STATE 681 Bruce Bennett, Attorney General, Fletcher Jackson, Asst. Atty. General, for appellee. GEORGE ROSE SMITH, Justice. The appellant was convicted of negligent homicide upon proof that his drunken driving caused a traffic collision in which Don Tay-lor 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). Affirmed. AMSLER, J., not participating.
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