McCormick v. State

T. Y. McCormick, Gene West, and Charley West were jointly charged in an indictment with the murder of Henry Hobbs. McCormick severed on the trial, was convicted with recommendation, and assigns error upon the overruling of his motion for new trial.

On the trial evidence of the sayings of a third party jointly indicted with the accused for the offense, made in the presence of the accused, and of the failure of the accused to admit or deny the truth thereof, was admitted. In the motion for new trial error is assigned on the following ground: “State's counsel asked said witness [Max Smith] the…