McAllister v. Johnson

Waterman, J.-

1 Tbe defense interposed by tbe answer is a general denial. Tbe county attorney was called as a witness in defendant’s bebalf, and it was sought to be shown that defendant disclosed to him all tbe facts of tbe transaction before instituting tbe prosecution. Defendant was also asked as to tbe same matter, and further it was attempted to show by him what advice be received from tbe county attorney. This testimony was ruled out, on plaintiff’s objection, and appellant’s first complaint is of this action of tbe trial court. Tbe ground for this bolding seems to bave been that the…