State v. . Barnhill

The witness Chancey was asked, “Right when the man was hit, if anybody had come there and said they hit him, wouldn’t that have made an impression on your mind?” The State objected to this question; the court sustained the objection and defendant excepted, and this was the first assignment of error. We think the defendant’s exception cannot be sustained; if the court was in error the defendant waived it by the question immediately being put in another form and answered without objection: “Do you think your mind was in such a condition that that would not have made an impression on you? A. I…