Kennedy v. State

The defendant (appellant) was convicted of the robbery of John R. Martin, at the time a deputy sheriff in Hale county. A pistol was the property averred to have been taken. The officer had gone to the dwelling of the defendant to arrest him on a warrant front another county. Because the evidence for the prosecution failed to disclose any right in the officer to arrest defendant on a warrant from another county, the court, on motion of defendant, excluded all the evidence relating to the warrant, and affirmatively instructed the jury not to consider any evidence in respect of the warrant,…