State v. Hidalgo

Hidalgo and Trotter were jointly informed against for robbery. Hidalgo was tried alone, and his codefendant, Trotter, was a witness against him. Hidalgo was convicted and sentenced to the penitentiary, and now prosecutes the present appeal.

After Hidalgo had closed his case, the state placed. Walter Bertrand on the stand in rebuttal, and asked him whether on the night of the omnibus robbery, which was the robbery in question, he saw Hidalgo and Trotter together. This question was objected to on the ground that the evidence sought to be elicited was not rebuttal evidence, but should have been…