Cowgill

The appellant was convicted of murder in the second degree, and appeals from the judgment, and from an order denying a new trial. One of the points made for reversal relates to a ruling made by the trial court with respect to the admissibility of certain evidence, and the others relate to instructions given and refused.

1. It appears from the statement that at a certain stage in the trial the appellant, “ in the absence of the jury,” offered to introduce before the jury, “ upon their return into court,” certain named witnesses, and “ to prove by each of said witnesses that he is well acquainted with defendant, and has known him intimately for many years; that each of them is well acquainted with his reputation for truth, honesty, and integrity, and that it is good; that they would give him full faith and credit upon his oath in any case.” The court, upon objection, “excluded said testimony, and refused to permit the jury to hear the same,” and appellant excepted. Assuming that there was anything before the court to rule on, the ruling was clearly right. Appellant did not offer to prove good reputation for the traits of character involved in the crime charged. It is true that…