Key v. State

Appellant has taken this appeal from his conviction of second degree burglary for which he was sentenced for a period of two to five years. Error is assigned on the denial of appellant’s motion for a new trial.

Appellant’s first contention on this appeal is that the trial court erred in refusing to permit attorney Eobert J. Hayes, a witness for appellant, to testify as to a conversation between Hayes and his client, Harold Zentmeyer. The conversation, according to the offer to prove, was one in which Zentmeyer, an accomplice, allegedly stated appellant was not guilty of the crime with which he…