Tucker v. State

The first special ground assigns error on testimony which was later ruled out by the trial court, and also assigns error on the court’s ruling, after the jury had been retired and had again returned to the box, as follows: “I will sustain the objection proposed by defense counsel and rule out the testimony objected to” on the ground that the court did not specifically state what testimony was being excluded and did not specifically repeat the testimony and instruct the jury not to consider it. The jury had heard the testimony and the objection and was thus apprised of that part of the…