Newbern v. . Hinton

We are precluded from passing upon tbe merits of defendant’s objections to tbe evidence, since tbe record does not disclose what tbe witnesses would have said if tbe questions bad been allowed. Tbe burden is on tbe appellant to show error, and, therefore, tbe record must show tbe competency and materiality of tbe proposed evidence. This Court will not do tbe vain thing to send a case back for a new trial when it does not appear what tbe excluded evidence is, or even that tbe witnesses would respond to tbe questions in any way material to tbe issues. This is tbe established practice in this…