Hart v. State

Appellant, David Hart, was convicted in the circuit court of Simpson county on a charge of incest, and sentenced to the penitentiary for a period of ten years, and from this sentence prosecutes this appeal.

The testimony offered on behalf of the state, if believed, establishes the guilt of the.appellant. Appellant vigorously asserts his innocence of the charge, and it was peculiarly the province of the jury to pass upon this contested issue of fact.

There are three assignments of error; the first being based upon the exclusion of the testimony of two wit nesses. One of these witnesses proposed…