State v. Bower ( 1898 )

Rore, C. J:—

The execution is his only authority. What the witness may say has nothing to do with it. He says he was authorized and had a right to be there. The defendant says he had not, and the only way to show that he had a right to be there is to produce the paper by which that authority is shown.

The testimony later developed that the prosecuting witness first put his hands upon the defendant, and the State thereupon entered a nolle prosequi.