Character has been defined as the "sum of the inherited and acquired ethical traits which give to a person his moral individuality." 7 The term "reputation" applies to the opinion which others have formed and expressed as to his character.

In a number of civil actions, such as libel and slander, seduction, malicious prosecution, false imprisonment, breach of promise and criminal conversation, the character of the plaintiff becomes material to the issue and directly concerns the assessment of damages. In other civil cases, it is generally held that the reputation of the plaintiff is not in issue. From the earliest times, however, in criminal cases, a person accused of an infamous or capital crime has been permitted to show his good character.

6 McKelvey on Evidence, Sec. 99.

7 3 Enc. of Ev., p. 3.

In modern prosecutions, whether for treasons, felonies or misdemeanors, for offenses existing at common law or made so by statute, the good character of accused may be proved and rebutted, to mitigate or enhance the punishment to be fixed by the jury. In order to be put in issue by the prosecution, the character of the prisoner must be an essential element of the crime charged; otherwise if the accused does not offer evidence as to his character or reputation, the State cannot put it in issue.

In most jurisdictions, in the impeachment of a witness, the testimony as to his character is limited to his general reputation for truth and veracity in the community in which he lives. In other states, evidence may be offered as to his general moral character.

In prosecutions for murder and manslaughter, testimony as to the reputation of the victim should be limited to his reputation for peace and sobriety in the neighborhood in which he lives at the time of the occurrence.