Gatlin v. State

HARPER, Judge.

Appellant was prosecuted and convicted of horse theft, and his punishment assessed at two years confinement in the State penitentiary.

There is a bill of exceptions in the record that recites that while the district attorney was cross-examining the witness Gilbert Freeman the following proceedings took place: “Q. You say you saw the horse Martin Gatlin rode twelve months afterwards, and you took him to be the same horse? A. Yes, sir, but just wait; will you let me say what Martin told me?” District attorney: “No, sir, Martin is here and can tell it himself—that would be hearsay.”…