Scrutchens v. State

1. As the judgment must be reversed on other grounds, and the same question is not likely to arise on another trial, the grounds of the motion for new trial complaining of the refusal by the court to grant a continuance will not be decided.

2. In the seventh, eighth, and ninth grounds of the motion for new trial, the admission of certain evidence therein set out, over the objection of the accused, was assigned as error on the ground that it was immaterial and irrelevant. The evidence so admitted was as follows: “When I [Gray] come out [meaning out of depot], he [defendant] called me [Gray] a…