Barnum v. State

Evans, Judge.

Defendant was convicted of selling marijuana and sentenced to serve five years. The sentence provided that 30 months would be served in a penal institution and the remaining 30 months suspended with defendant on probation. Motion for new trial was filed, and amended, heard and denied. Defendant appeals. Held:

1. During the trial a witness for the state was interrogated by state’s counsel and it was sought to show what the defendant had told the witness during a conversation prior to the alleged sale. The witness testified: "Mr. Barnum told me that he had at one time been arrested…