Slappey v. State

The defendant was tried on an indictment charging him with the offense of burglary. On the trial he was convicted of the offense of larceny from the house. His motion for new trial was overruled, and he excepted.

The first special ground of the motion complains that on the cross-examination of the prosecutor, the court refused to allow counsel for the defense to ask the prosecutor if Green Smith and Johnnie Mack had not broken into his place of business sometime before the breaking charged in the indictment. We see no merit in the ground. It does not appear that the previous alleged breaking…