Cunningham v. State

1. Where in the trial of a criminal case a witness for the accused was sworn and sequestered, but in disobedience of the court’s order returned to the court-room and heard the testimony of some of the State’s witnesses, this fact alone afforded no reason for excluding him from testifying. Having heard the testimony of the other witnesses would go to his credit, but would not render him incompetent; and his misconduct, while not operating to disqualify him, simply rendered him amenable to the court as for a contempt. May v. The State, 90 Ga. 793, and cases cited; Metropolitan Street R. Co. v.…