Pieper v. State

Appellant was jointly indicted with William D. Rucker for grand larceny. Appellant was tried separately, and appeals from a judgment of conviction.

The State offered Rucker as a witness against appellant. While Rucker was on the stand on direct testimony, the State pleaded surprise and was granted the right to cross-examine Rucker. While cross-examining Rucker the district attorney brought out that Rucker had entered a plea of guilty to the crime and proved that Rucker had made an out-of-court statement that he, Rucker, and the appellant had stolen the property described in the indictment.…