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Huckaby v. A.G. Perry & Son12/14/1999
urposes stated by the Huckabys, the trial court did not abuse its discretion in allowing them to enter only one of these sixteen photographs and disallowing the remainder. In handling the matter as it did, the court allowed the Huckabys to make their point without running the risk of presenting too many photographs and thereby substantially outweighing the probative value of the photographs by their potential for unfair prejudice, i.e., to inflame the jury. As well, curtailing the presentation of sixteen photographs can be seen as preventing the needless presentation of cumulative evidence. The Huckabys have not shown that the other photographs would prove any element not shown by the photograph admitted into evidence. This point of error is overruled.
We do not reach other points urged by the Huckabys because their determination is not necessary to our decision in the case.
Because of our determination in point seven in determining that improperly admitted evidence resulted in an improper verdict, this case is reversed and remanded to the trial court for a new trial.
Ben Z. Grant Justice
Date Submitted: April 22, 1999
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