Gresham v. State

Candler, Justice.

Hutner Gresham was indicted, tried, and convicted of murder. On the jury’s recommendation, he was sentenced to life imprisonment. He was denied a new trial on his amended motion therefor, and the exception is to that judgment. Held:

1. It is alleged in one of the special grounds of the motion for new trial that the court erred in excluding a portion of the testimony which the State’s witness Lonnie Thompson gave on cross-examination, on the ground that it was hearsay. In the circumstances of the case, we think that the excluded evidence was relevant, material, and that the…