Ellis v. State

On the trial defendant’s counsel, on cross-examination of Dice, a state’s witness, asked a certain question seeking to prove that one Gaither Parsons, who was arrested at the same time and place, stated to the officers making the arrests, and in the presence of defendant, that the still and everything connected with it was his, and that he alone -was making the whisky. The court sustained the state’s objections to these questions, and the defendant excepted.

The testimony was not admissible for the purpose of impeaching Parsons, as at that time • Parsons had not testified, and defendant does…