Toler v. State

BROOKS, Judge.

Appellant was convicted for playing at a game with cards at a house where spirituous liquors were retailed, and his punishment assessed at a fine of $15.

Hpon the trial, the witnesses being under the rule at the instance of the State, Joe Green, the principal State’s witness, and who had made the complaint, was permitted to testify after defendant had. rested his case. Appellant objected on the ground that Green’s testimony was not in rebuttal. The court, in his sound discretion, can permit the introduction of the testimony of witnesses at any time before the argument closes.…