Gholar v. State

There is no dispute that the prosecuting witness was shot with a pistol and dangerously wounded, and there is no issue that it it was without any sort of justification. The sole defense was an alibi and thus the sole issue in the case is as to the identity of the criminal. In his direct testimony on that issue the prosecuting witness named appellant as the person who shot him, claiming to be able to identify the person in the moonlight after midnight. To bolster or support that identification another witness was introduced who testified that she heard the shot, and the screams of the victim,…