Cox v. State

— -This case will have to be reversed, because of a ruling on the admission of evidence. The question to the witness McCall, whether or not he was present, or near enough to hear what words were used by the defendants, was a material factor in determining whether the defendants used the profane language imputed to them. If near enough to hear and understand what was said, testimony by him that he did not hear such language, though negative in its character, the law allowed him to lay before the jury for their consideration. It may have weighed but little, but that was for the jury. Harris v.…