McElroy v. State

Deen, Chief Judge.

The sole ground for reversal urged is that the trial court committed error in refusing to allow a witness to be recalled to the stand for further testimony in violation of the sequestration rule (Code § 38-1703), which states both that witnesses shall be examined out of the hearing of each other and that "no mere irregularity shall exclude the witness.” In the present case, after a protracted recess, a witness was called and the court, referring to the invoked rule of sequestration said, “Let’s get all the witnesses out of the courtroom,” whereupon a group of witnesses left…