Marshall v. State

— The plaintiffs in error were convicted in the circuit court for Santa Rosa county of the crime of assault with intent to murder Wade Brown, and on writ of error assign errors as follows: (1) . Refusing to strike the testimony of the witness Wade Brown, as to a conversation between the witness and the defendants which occurred before the difficulty; (2) permitting the witness Amos Mahoney to relate the conversation he had with Nellie Marshall after the difficulty; (3) overruling the motion for new trial.

At the trial the prosecuting witness in testifying related without objection a…