Burnett v. Bledsoe

SIMPSON, Justice.

Appeal by the defendant from a judgment entered on a jury’s verdict in the amount of $10,000.00 in a wrongful death action. A motion for a mistrial was made by appellant during the course of the trial and overruled; then after judgment was .entered a motion for a new trial was timely filed and subsequently overruled by the trial judge.

The sole question presented by this appeal and the basis for the motions made below concern the following testimony which appellee’s counsel was attempting to elicit from appellee’s witness Lett:

“Q: Mr. Edgar, was Reubin Burnett there when you…