Darden v. State

After conviction of murder, with recommendation to mercy, the defendant’s motion for a new trial was overruled, and he excepted. The first special ground of the motion for a new trial complains that the court erred in permitting the sheriff to testify, “over objections then and there made,” which of “the various statements” of a named witness “was the truth.” The questions propounded to the sheriff and the objections and answers were set forth. One objection to a question was that it was “leading and inadmissible.” The form of the question was then changed; whereupon the defendant’s attorney…