McCarty v. State

PEE CTJEIAM.

By judgment rendered on the 12th day of April, 1921, defendant J. J. McCarty was, in the county court of Grady county, convicted of the offense of playing at a game of cards for money, and sentenced to pay a fine of $50 and the costs of the action. From such judgment he has appealed to this court.

Counsel contend that the trial court erred in refusing to permit one Ellis to testify as a witness in the behalf- of the defendant.

Concerning this assignment of error, the record discloses that Ellis had been subpoenaed as a witness for the! state, had been sworn as such witness, and, at…