State v. Burkett

ON MOTION FOR REHEARING.

WATSON, J.

The state has quite properly moved a rehearing. The motion is supported by a very helpful brief prepared by the able district attorney who conducted the prosecution. It thoroughly reviews the evidence and brings many decisions to our attention. The contention is that the hostility of the witness was so made to appear that the rejection of the offered evidence was not prejudicial. It cannot be sustained.

We have held in this case that an offer to prove by a state’s witness, on cross-examination, that he entertained a deadly animosity for the accused may not be…