State v. Allen

. The opinion of the Court was delivered hy

Fenner, J.

The two defendants were jointly indicted for the murder of William Brown.

The jury returned a verdict finding Allen guilty, without capital punishment, and Carter guilty as accessory after the fact.

Numerous errors are assigned on bills of exception :

1. The State offered the testimony of George Neal, taken in writing on the preliminary trial, for the purpose of proving that “on the night that the deceased Brown came to his death he was not drunk, but sober;” to the reception of which several objections were urged:

First. That there was nothing…