State v. Cleaver

The assigned grounds of reversal are:(1) An alleged former acquittal.

*1279(2) Misconduct of the witness Mathieus, in violating the order of the court excluding- witnesses from the court room.'(3) Misconduct of the county attorney in his closing argument to the jury.

I. Was there a former acquittal? It is made to appear that the witnesses Spencer and Mathieus testified before the grand' jury to the purchase from the defendant of' certain intoxicating liquor on June 17, 1921, at his place of residence on a farm. The circumstances of the purchase were that the defendant absented himself for a brief…