State v. Foster

The first exception was to the question and answer, “Is the defendant married ?” The witness said he “was not; that a woman stayed with him.” The question, if it had been merely irrelevant, was not ground of error, but it was competent as tending to explain why the quart of whiskey was in the trunk in which there were a woman’s clothes. The addition made in the reply was not called but by the question, for the witness could have simply answered Yes or No. The defendant did not ask to have it struck out.

The second exception was to this part of the charge of the court: “It does not require,…