Lane v. State

DAVID SOU, Presiding Judge.

Appellant was convicted of cattle-theft.

While the witness Ward was on the stand, he was asked this question: “Did you point out to the witness Dick Downing the yearling carried away by him, and did you assist him in penning and roping said yearling?” This was objected to because no authority had been shown from defendant to said witness to point out and deliver said yearling for him (defendant), and that, in the absence of such authority, defendant would not be bound by such acts of said witness, and that such testimony was calculated to prejudice the rights of…