Smith v. State

GRAVES,. Judge. —

The conviction is for burglary of a privatéarésidence at nighttime, with a punishment of: five years in the penitentiary.

There is only one bill of exceptions in the record, arid that relates to the district attorney propounding to the--witness Jesse-Martin the following question: “State whether or not you have been indicted and convicted and are now serving-a term in the- penitentiary for this same case,” to which question the defendant’s attorney immediately objected, and moved -that the same be stricken out because “improper and prejudicial to the defendant,” whereupon the…