State v. Mullis

The defendant places chief emphasis on a group of exceptions to the charge of the court, — all relating to the action of the court in giving, and in repeating, the State’s contention that the prosecuting witness, Mary Emily Mullis, was a woman of subnormal mind. The defendant made no objection in the court below. The challenge comes for the first time on appeal. The defendant takes the position that the contention as given may be held for error notwithstanding the absence of objection in the court below, for that: (1) the contention is unsupported by'testimony; and (2) it relates to a matter…