Birchfield v. State

We are at a loss to understand the purpose of the state in showing the existence of tracks and the size of same by the witnesses who had actually seen the two persons while making the tracks and had fully described them, and who must have made tracks as they went along, and one of whom was described as larger than the other. On the other- hand, this evidence could not have been prejudicial to the defendant as it was but a method to establish a fact, in a secondary sense, which had already been established by the best undisputed evidence.

There was no error in permitting the witnesses to…