People v. Garvey
People v. Garvey
Opinion of the Court
The defendant was convicted of selling
The assignments of error are discussed by counsel under four heads:
(1) Errors of the court in limiting attorney for the defendant in his questions to Clyde Hutchinson.
(2) Errors in permitting the prosecuting attorney to pursue, over objection of counsel for defendant, a course of successive leading questions in his examination of witnesses for the people.
(3) Error of the court in permitting Noble McKinley, a witness for the people, to testify as to results of an examination made of defendant’s home and adjacent premises, over objection of defendant’s counsel, on Saturday, following Monday, July 4th, the time at which the alleged offense occurred.
(4) That the verdict of the jury was against the great and overwhelming weight of the evidence in this cause.
We will discuss the errors in the order in which counsel presents them:
“A brief survey of the record shows the type of questions put to these witnesses.”
This is too vague to require this court to discuss the question.
“Witness (continuing): Pie had a car there and I went to the car and got the liquor. It was wrapped up in paper. It was in the can that I let him have in the morning or one that I thought looked like it. I paid him $4 for it. I drank the liquor and it was intoxicating. I got intoxicated. Mr. Horton drank some of it.”
Mr. Horton testified substantially the same. There was other testimony along that line. It is true defendant and his witnesses denied that he made any sale, but this made a question for the jury. There was no motion for a new trial. We discover no reversible error.
The verdict is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.