Supreme Tribe of Ben Hur v. Cosgrove

Extended Opinion by

Chiee Justice Hobson.

Upon reconsideration of the question, we conclude that the affidavit of Dr. O. H. Kilsall, which was read as his deposition, is sufficient to admit evidence that the deceased used intoxicants as therein supposed, and. such evidence should have been admitted on the trial with an admonition to the jury as to the purpose for which it should be considered.

The opinion is extended as indicated.