Polk v. State

Smith, C. J.,

delivered a dissenting opinion.

The objection to Bisher’s testimony as to what he heard and saw when he broke and looked through the window of the house was made at the close of his testimony by a motion reading as follows: “Now comes the defendant and moves the court to exclude the testimony offered by the witness Walter Bisher, the only witness testifying for the state in this case, for the reason that the testimony brought out by the state through this witness is inadmissible and incompetent as' against these defendants.”

For what reason the appellant then claimed that the…