State v. Collins

On bis cross-examination tbe sheriff testified tbat be learned of tbe homicide about noon and went immediately to White Store and thence to tbe home of Henry Collins, tbe prisoner’s brother. He was then asked this question: “Did you receive information from tbe defendant’s brother Henry tbat be was close by and ready to surrender?” Tbe State’s obj'ection was sustained and the prisoner excepted.

There are two grounds upon which tbe ruling may be upheld: (1) Neither tbe form of the question nor tbe record indicates what tbe answer would have been. S. v. Ashburn, 187 N. C., 717, 722; Barbee v.…