Pollock v. State

(after stating facts as above). The first assignment of error urged by counsel is:

“The learned trial court erred in excluding competent and relevant testimony offered by the plaintiff in error.”

Defendant offered Nora (Quinn) Moring as a witness to prove that the deceased came upon the plaintiff in error with a knife at the time of the shooting. The testimony given by said witness is as follows:

“Q. How did he open the bottle of whisky, Mrs. Moring? A. He opened it with a knife. Q. Can you tell the jury what kind of a knife it was? A. Well, it was a knife; I couldn’t— right at the time I paid…