But one witness, Berry Milligan, testified to the
We think, moreover, that the court should have instructed the jury as requested by defendant, that if they believed from the evidence that the witness Milligan was not a credible witness, that is, not worthy of belief, they should acquit the defendant. Smith v. The State, 22 Texas Ct. App., 196.
We think material error was committed in admitting the testimony of the witness Hill'as to the acts and declarations of the witness Milligan. This testimony was not admissible for any purpose. It did not corrobo-? rate the testimony of Milligan as to the falsity of defendant’s alleged statements. It tended merely to explain certain circumstances which, unexplained, created suspicion that Milligan had murdered the deceased Jones.
We think it unnecessary to determine other questions presented, as they are not likely to occur on another trial.
The judgment is reversed and the cause is remanded.
Reversed and remanded.
Judges all present and concurring.
