Dobbins v. State

This appeal is prosecuted from a judgment of conviction for felonious assault; appellant having assaulted one Albert Metcalf with murderous intent.

(1, 2) Exceptions to the testimony of Alma Richards, a state witness, were obviously without merit. This witness had an swered that he did not know and could not tell whether Metcalf was trying to draw a gun. This being the case, the witness should not have been allowed to state to the jury what his “judgment” on the subject was. True, a witness may testify to his impressions derived from collective facts, but in so doing he is still deposing to…