State v. Garon

0VERTON, J.

The defendants Erank Gar-on and Alex Chutz prosecute this appeal from a conviction and sentence for breaking and entering a garage in the nighttime, with intent to steal and rob.

It appears that upon the trial of the case, while the sheriff was on the witness stand, he was asked by the district attorney the following question, to wit: “Did Mr. Miller (who was a witness in the case) identify Mr. Chutz?” To this question the sheriff answered: “Ves, sir; he did.” Counsel for defendant then asked the sheriff the following question: “Was Mr. Chutz present?” To 'this the sheriff replied:…