Arnold v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

Appellant complains of our disposition of his bill of exceptions No. 4, which set up that Otto Wilson, prosecuting witness, was asked by the State if he had made an affida vit before the county attorney as to the transaction and from whom he bought the whisky, — which he answered in the affirmative over appellant’s objection. Neither the affidavit nor its contents was in evidence. Just how such testimony could harm appellant is not perceived. He was not named in the question or answer as the party referred to in the affidavit. We further note that the…