State v. Cabbagestalk

Harwell, Justice:

Appellant Tony L. Cabbagestalk was convicted by a Dillon County jury of assault and battery of a high and aggravated nature. The trial judge sentenced him to three years imprisonment. We affirm.

This appeal involves the trial judge’s refusal to allow, appellant to call two surprise witnesses. The judge granted a pretrial motion by appellant’s attorney to sequester, all witnesses except the State’s invesigating officer and the appellant. The appellant was to be the sole defense witness. After the first two State witnesses had testified, appellant recognized two spectators in…