State ex rel. Simons v. Kiser

OPINION

By WISEMAN, J:

This is an appeal on law from the judgment of the Common Pleas Court of Darke County setting aside a verdict of the *114jury and judgment of the court on'a motion for new trial in a bastardy proceeding. The defendant also has filed a cross appeal.

The only error assigned by the plaintiff-appellant is that the trial court committed error in sustaining the defendant’s motion for new trial on the ground that the defendant had been called by the plaintiff as a witness on cross-examination over his objection.

The record shows that during the course of the trial as part of the…