Caddell v. State

This is a burglary conviction. The ownership of the house alleged to have been burglarized, as well as the property, is alleged to be in W.T. Cole and W.L. Cole. Error is assigned on the failure of the State to prove the want of consent of W.L. Cole. He testified, and there is nothing in the record to show that he was asked in regard to his want of consent, and he did wish to testify in regard to it. It is supposed that the State relies upon the fact that the circumstances might justify the conclusion that he did not consent. This is not sufficient. Here the witness did testify before the…