Bradshaw v. State

DAVIDSON, Presiding Judge.

— Appellant was convicted of burglary, his punishment being assessed at seven years confinement in the penitentiary.

The first bill of exceptions recités that Celli told the witness, John Day, that he had given Mr. Petropol the stolen cigars to sell. These cigars he testifies he located at Petropol’s and asked Petropol where he got them. The court says he allowed this because it had been previously shown that N. Celli was in Europe at the time of the trial, and the witness Petropol testified he got the cigars from Celli. This was error. The fact that the absent…