Wiley v. State

ON STATE'S MOTION FOR REHEARING.

DAVIDSON, Judge.

It is the rule of long standing that if impeaching testimony can be used only for the purpose of impeachment, no necessity exists to limit such testimony before the jury. Branch’s P. C., Sec. 188, p. 121; Art. 658, Vernon’s C. C. P. and authorities cited under Note 133 thereof; Dowlen v. State, 144 Tex. Cr. R. 177, 161 S. W. (2d) 1067; 42 Tex. Jur., Secs. 99 and 100, pp. 136-137.

The state insists that the reversal of this case, predicated *373upon the failure to limit impeaching testimony, violates the rule stated.

The question, then, is whether the…