Yeomans v. State

Bell, Presiding Judge.

Defendant, having been tried and convicted of the offense of simple larceny, alleges that the court erred in refusing to allow two witnesses to testify where the rule for sequestration had been invoked and these witnesses had not been sworn and sequestered but remained in the courtroom and heard the testimony of the other witnesses. Held:

“Where witnesses have been separated at request of counsel, a person not sworn and sequestered, but who has remained in the courtroom and heard the testimony in the case, is still competent to testify as a witness in the cause. -If he…