O'Neal v. State

LATTIMORE, Judge.

Conviction for rape, punishment five years in the penitentiary.

Bills of exception Nos. 4, 5 and 6 present complaint of the refusal, respectively, to permit Raymond Gillaspy and John Bailey to testify for the defense, and to instruct the jury or permit them to be told that the defense had offered said parties as witnesses. The state’s objection to the testimony of Gillaspy and Bailey was that they were indicted for complicity in the same offense here charged against this appellant. The objection was sustained upon the theory that Art. 711 of our Code of Criminal Procedure…