Carroll v. State
Court of Criminal Appeals of Texas
Appellant was prosecuted by information charging him, jointly with one Sidney Alexander, with the theft of a pair of spurs, of the value of 75 cents. Appellant’s motion for a severance having been granted, the prosecution as to the codefendant Alexander was dismissed, on motion of the count)'- attorney, and defendant placed alone upon trial, which resulted in his conviction, with his punishment assessed at thirty days imprisonment in the county jail.
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Appellant was prosecuted by information charging him, jointly with one Sidney Alexander, with the theft of a pair of spurs, of the value of 75 cents. Appellant’s motion for a severance having been granted, the prosecution as to the codefendant Alexander was dismissed, on motion of the count)'- attorney, and defendant placed alone upon trial, which resulted in his conviction, with his punishment assessed at thirty days imprisonment in the county jail. No general statement of the case is necessary. The circumstances attendant upon the cross-examination of defendant’s witness Frank Glass, and…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of theft of a pair of spurs, and his punishment assessed at one month imprisonment, from which he appeals.
Appellant complains, that the court erred in permitting the State to prove, over his objection, by Frank Glass, a witness for appellant, that he, the said Glass, was then under indictment for theft.
The objection made was, that a witness could be collaterally impeached only by evidence of his general reputation for truth and veracity in the neighborhood in which he lives.
While the code declares that one may impeach his own witness in any way except by…
2Cases cited2 opinions
- Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
- State v. EzellTexas Supreme Court · 1874
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- Fannin v. StateCourt of Criminal Appeals of Texas · 1907
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