Nix v. State

Defendant Fred Nix was charged in the district court of Sequoyah county with the crime of larceny of livestock, to wit: one yearling; was tried, convicted, sentenced by the court to serve a term of three years in the State Penitentiary, and has appealed.

For reversal of this case, it is contended:

First, that the court erred in overruling the motion for continuance.

Second: “The court erred in permitting the county attorney to recall the witness, Homer Underwood, purportedly on rebuttal, for the reason that the testimony of said witness, if admissible at all, should have been called in…