Sweeney v. State

While the record does not show it, the writer hereof was not present and did not participate in the original opinion herein rendered.

It will be unnecessary to make a full statement of the evidence in this cause. However, we will state a part of it which bears directly on the questions raised and to be decided.

The State's first witness, Chris Schultz, who might properly be termed, and ordinarily is, the prosecuting witness, testified fully and made out the State's case. Among other things, it was shown practically without controversy that this prosecuting witness, with his brother, Fred…