Smith v. State

ON MOTION FOR REHEARING.

Graves, Judge.

Appellant in his motion again complains of the testimony of the sheriff as to what he found on the ground where the fatal difficulty occurred in that same was prejudicial and inflamed the minds of the jury. Most of the State’s proffered testimony is usually prejudicial to the appellant, otherwise much of it would be inadmissible. If such testimony be true, and have a tendency to inflame the minds of the jury, the appellant was to blame for the commission of the act that engendered such in the jury’s mind.

The testimony complained of in bills of exceptions…