State v. Elliott

To reverse this conviction three points are made:

Fir^t. That the Court erred in excluding certain testimony.

Second. In refusing an instruction asked by defendants.

Third. That the verdict was not warranted by the evidence, and that the Court erred, therefore, in overruling the motion for a new trial.

I. The defendants introduced, as "a witness, the officer who made the arrest, who, in his examination, in chief, stated, without objection on the part of the State, that as he was bringing the prisoners to town, they passed Eambo’s house; that Elliott wished to go in and see if the family would…