TOWNSEND, J.
(After stating the foregoing facts.) 1. Ground 1 of the amended motion for a new trial assigns error upon the admission into evidence over objection of an indictment returned by the grand jury of Tattnall County on October 8, 1949, charging the defendant, his son Algerine Waters, and Ansel Harden jointly with cattle stealing, for which offense the defendant had not yet been tried. (See Harden v. State,
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