State v. Dale

The county attorney, desiring to call one John Brannan as a witness, who had not been examined before the grand jury, and whose name was not indorsed upon the indictment, gave notice under section 5373 of the Code. On being called, Mr. Brannan was asked, “What is your present occupation ?” to which he answerd, “Soldier, at present; working for the government.” Defendant’s counsel objected to the witness testifying under this notice, for the reason that his occupation is not given in the notice as required by statute. Thereupon the state asked, “What was 1 your occupation before your…