State v. Cox

Appellant raises numerous errors claimed to have occurred during the course of his trial, and first contends that the trial court erred in refusing to allow a witness to testify, even though the witness had remained in the courtroom after a separation of witnesses was ordered. In question here is the testimony of one Tom Feltner, whose proffered statements in the record illustrate their importance to appellant’s case.1

*202In Holder v. United States (1893), 150 U. S. 91, 92, the United States Supreme Court stated:

“* * * If a witness disobeys the order of withdrawal, while he may be proceeded…