Smith v. State

1. Testimony that the sole witness as to the identity of the person who committed the crime stated that the criminal was “a yellow negro with bushy hair and mustache” was admitted, and this description fitted the accused so far as it went. The testimony was thereafter withdrawn from the jury by the presiding judge, who expressly directed them not to consider it, but to “decide the case as if the same had not been delivered.” The admission of this testimony was error, but, in view of the positive identification of the defendant by an unimpeached witness for the State, and also in view of the…