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SHONEY'S11/14/1997
253 Ala. 519, 521-22, 45 So.2d 857, 859 (1950) (emphasis in original), our supreme court stated the following:
"To affect the general credit of the witness the contradictory statements must relate to matter which is material to the issue on trial and not to those incidental or collateral facts which are remote in their application to the offense on trial and which would improperly extend the issues or involve the trial of other offenses which have no legitimate bearing on the particular offense under investigation."
Clearly, whether Pasley had been arrested was not a material issue. In other words, the outcome of this case did not hinge on whether Pasley had been arrested for harassment or harassing communications. In any event, we would note that the jury heard the bulk of the testimony regarding Pasley's arrest, due to Pasley's late objection. Thus, any error, if there was error, would appear to be harmless. See Rule 45, Ala. R.App. P.
Last, we note that jury verdicts are presumed correct, and that presumption is strengthened by the trial court's denial of a post-judgment motion for a new trial. Brown v. Lawrence, 632 So.2d 462 (Ala. 1994).
Based on the foregoing, we conclude that the judgment based on the jury verdict is due to be affirmed.
The foregoing opinion was prepared by Retired Appellate Judge Richard L. Holmes while serving on active duty status as a judge of this court under the provisions of § 12-18-10(e), Code 1975.
AFFIRMED.
ROBERTSON, P.J., and YATES, MONROE, and CRAWLEY, JJ., concur.
THOMPSON, J., concurs in the result.
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