Girch v. State

Defendant (plaintiff in error) was convicted of stealing a load of corn.

*504It is complained that when a question, put to the witness Smith, was objected to, and the witness erroneously permitted to answer, which answer was after-wards on motion stricken from the record by the trial judge, there was error in the court’s failure in its in-, structi on to direct the jury not to consider the answer. We cannot so hold. The defendant should have requested the instruction if he thought the evidence stricken might be prejudicial. Trial judges cannot be expected to so closely guard the interests of…