Davis v. State

Appellant appeals a judgment and sentence for two counts of crime against nature.

Appellant’s case was consolidated for trial with two other defendants, each defendant having independent counsel. Preceding the trial appellee had furnished appellant with reciprocal witness lists in which a certain medical doctor was listed as a State’s witness. During the trial the State elected not to call said witness to the stand.

However, the medical doctor was called as a witness for and on behalf of one of appellant’s co-defendants. Over appellant’s objection, appellee was given the right to have opening…