Mathis v. State

Duckworth, Chief Justice.

1. The only evidence relied on here to lay the foundation for testimony that the deceased was a person of violent, turbulent, and dangerous character was the testimony of the defendant’s father and brother that the State’s witness had said to them that the deceased had his hand in his pocket and that he was pulling something out of his right-hand pocket. The sworn testimony of the State’s witness was to the contrary, and the evidence above was, at the most, merely impeaching evidence and is not itself probative evidence which will tend to prove any fact therein…