State v. . Spencer

Clare:, O. J.

The defendant’s exceptions 1 and 2 are to the admission of testimony that one night about 11 o’clock the defendant came to the store of the witness to get something to eat, and while there smelled strongly of whiskey, seemed nervous, and asked how far it was to Walker-town. The defendant’s counsel in his brief claimed this evidence was not admissible. It was, however, merely a circumstance in the chain of evidence which was that the next morning after this visit to the store the witness found the car broken down right below the store, and by the time he got close to it he could…