State v. Bellard

On Rehearing.

SOB1MERVILLE, J.

[7] In disposing of one of the bills of exceptions taken by defendants to the ruling of the court on the admissibility of certain evidence, said to have been offered by the state in rebuttal, we relied mainly on the statement of the judge to the effect that:

“The said question was allowed for the reason that said question was put to the said witness as rebuttal testimony and for said witness to explain his testimony given in chief.”

Since the judgment was rendered, the trial judge has informed the court that he was in error in stating that the witness referred to…