Vaughan v. State

1. The accused was on trial charged with the larceny of a carload of cedar lumber. The contention of the State was that the lumber was to be paid for before it was moved, while the accused insisted that under an agreement with Ed Price, one of the owners of the lumber, he took possession before paying for it. While Ed Price was on the witness stand he was asked: “Did you ever agree at any time with him [the defendant] that you would carry it [payment of the purchase-price of the lumber] over until the next day?” He replied that he did not. This answer was objected to as being a conclusion.…