Thomas v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of gambling, his punishment being assessed at a fine of $10.

1. A bill of exceptions recites that Richard Gee was sworn as a witness to testify in behalf of defendant. The county attorney objected to his testifying because he was under indictment charged with the same offense. The objection was sustained by the court, and the witness was not permitted to testify. Appellant urged objections, and the bill recites that if the witness had been permitted to do so he would have testified that he was present at the time and place of the alleged game…