Westberry v. State

Marshall, Judge.

Appellant was tried and convicted on two counts, theft by taking and burglary, arising from the burglary of a lounge and the theft of 22 cases of beer therefrom. He was sentenced to five and fifteen years consecutive prison terms. He appeals, asserting that two errors were committed by the trial court: (1) the denial of motion for continuance where two witnesses were called who were not on the list of witnesses, and (2) allowing the assistant district attorney to impeach his own witness. Held:

1. Appellant contends the list of witnesses furnished by the state did not contain…