Cawthon v. State

ON MOTION ROE REHEARING.

MacIntyre, J.

The defendant argues that the evidence of the Allen and Kent floggings was not admissible for there was no evidence to show that the defendant was in any way connected with such floggings, and that no one identified the defendant as one of the participants therein. It might be noted from the record that the evidence of the Allen flogging was admitted conditionally under the following ruling of the court: “Under that statement of the solicitor I admit the testimony, but I will rule it out unless you do connect it up.” No subsequent objection was made. No…