State v. Tiernan

The opinion of the Court was delivered by

Fenner, J.

The record presents for our consideration a single bill of exceptions (others being waived) which recites that Thomas Howe, State’s witness, testified “ That he told McCarthy, the deceased, to come with me, that Tiernan was coming with a pistol, to which evidence or statement defendant objected because it was the mere opinion of the witness and as such not entitled to go to the jury as evidence ; that the court overruled said objection,” etc.

This is the entire bill as offered to the judge for signature, and its insufficiency, as foiling to…