Scott

This is an application by appellant to this court for leave to prove certain exceptions alleged to have been taken by him at the trial, and which, it is alleged, the judge of the trial court refused to allow in the bill of exceptions settled by him.

The alleged crime for which petitioner was tried was an assault with intent to commit murder upon the person of one Vaughn; and it is averred in the petition, first, that upon cross-examination petitioner’s counsel asked Vauglm this question: “ Did you ever threaten this man’s life? ” that counsel for the people objected to the question; that the objection was sustained, and that petitioner excepted to the ruling; and that the court refused to jiut said exception into the bill, but, on the contrary, Settled said bill so as to show that said objection was overruled. It appears, however, by the answer o'f the judge and'the admissions of the parties on the argument of this petition, that the facts about the matter were these: The judge did first sustain said objection, but soon afterward, becoming satisfied that his ruling was wrong, he reversed it, and allowed the question and others of a substantially similar character to be asked. The…