Carlile v. State

Henry Carlile, David Smith, and Buck Wilkinson were indicted in Brevard County for the larceny of a heifer. On being arraigned, Henry Carlile pleaded not guilty but David Smith and Buck Wilkinson pleaded guilty. A second trial of Carlile, the first being a mistrial, resulted in a verdict and judgment of guilty and a sentence to two years in the State Penitentiary. He seeks to be relieved of that judgment by writ of error.

At the trial, the State was permitted to introduce as corroborating evidence a calendar on which was marked a date which the witness testified was- referred to by defendant…