State v. Warren

The defendant assigns error in the ruling of the trial court in the admission of the following testimony elicited by the Solicitor from a State’s witness, one of the officers who assisted in making the arrest:

“Q. From your observation of him, state whether or not, in your opinion, he was very much under the influence of liquor ?

“Objection — overruled—exception.

“A. Yes, sir, his wife was there talking, and she said if he had not been going so slow he wouldn’t have been caught.”

At the outset we may observe that it is not entirely clear whether the questioned declaration of defendant’s wife, as…