125 Ark. 471 | Ark. | 1916
(after, stating the facts.) No objection is urged in the brief of counsel for the appellant to the instructions of the court. We assume therefore that the instructions were -correct.
Some of the testimony of Whitfield was at least competent evidence on behalf of the State, and if appellant wished to have that part of it which he now claims to be incompetent excluded he should have called the court’s attention specifically to that part of the testimony which, he now claims was objectionable, and not having done so, objection here for the first time cannot avail him. See Kansas City So. Ry. Co. v. Leslie, 112 Ark. 305.
Counsel for appellant contend" that the court erred in permitting the State to prove by the witness Carr that appellant’s witness Jarvis had told him that he was innocent of the crime himself, but that he thought they had the right_ party. The proper foundation was laid for the introduction of this testimony, in contradiction of witness Jarvis, and there was no error in the ruling of the court admitting the testimony.
A witness by the name of McQuiston testified that while the appellant was in jail in Jackson county he heard a conversation that appellant had with his wife by means of a dictograph. Witness heard appellant tell his wife “that if they knew what he knew the whole bunch would be gone.” Witness did not know to whom appellant referred.
We find no reversible error in the record, and the judgment is therefore affirmed.