State v. Noel

(Dissenting.) The judgment in this case is reversed' solely because of the desire on the part of the state’s attorney to impeach his own witness, but the trial court did not permit it. The decision shows there is ample evidence to sustain the verdict, and that unless error be shown in the matter mentioned, the defendant had a fair trial.

The witness Heer was a member of the group during the evening of the crime; but denied he was at the cemetery at the time the offense was committed. Apparently his testimony led the state’s attorney to believe he was a hostile witness. The state’s attorney…