Smith v. State

We will amplify the first headnote only. The first special ground of the motion for a new trial alleges that the court erred in refusing to allow a witness (Martin) to testify under the following circumstances: After the witnesses were sworn the solicitor-general requested that they be sequestered. This was done. After the witnesses for the State and some of those for the defendant had testified, the attorney for the defendant discoverd that Martin was in the court-room and had not been sworn, and stated to the court that Martin’s name had not been given to him with the other witnesses for…