State v. Hemler

The defendant was tried, convicted, and sentenced, as a second offender, for the crime of unlawfully possessing intoxicating liquor for sale for beverage purposes. Erom the verdict and sentence he has appealed.

There are three bills of exception in the record.

Bill No. 1 was reserved to the overruling of defendant’s objection to certain testimony offered by the state. The bill recites that the testimony was offered after defendant had closed his case; that it was not rebuttal testimony, and, as the evidence was material to the main issue, it should have been offered in chief. Ordinarily, it is…