Evans & Foust v. State

Robinson, Justice.

Appellants Lennie Evans and Doc Foust were convicted on the charge of cutting down and destroying trees valued at more than $10 on lands belonging to Roscoe C. Hobbs. Since there must be a reversal, it is only necessary to deal with one of the assignments of error, as the other points are not likely to arise in a new trial.

The principal witness for the State was Clyde Edmondson, a youth 17 years of age. Neither of the defendants took the witness stand.

The prosecuting, attorney, in his closing argument to the jury, said: “. . . and you had been called in here to testify, and…