Rooks v. State

Crawford, Justice.

Henry Rooks was convicted of malicious mischief in the court below, and by his bill of exceptions claims that the errors committed entitle him to a new trial. He submits :

l. That Robert Lyon, a witness for him, was not permitted to testify in his behalf, because after having been *331sworn and'“ put under the rule,” he was present in the court-room and heard the testimony of the witnesses on the part of the state.

The law is that “ in all cases either party has the right to have the witnesses of the other party examined out of the hearing of each other.” Whilst this is the rule…