Houston v. State

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The Court granted discretionary review to consider the manner in which the Tyler Court of Appeals treated and resolved appellant’s claim that the trial court erred by allowing the prosecution to impeach its own witness. Houston v. State (Tex.App.-Tyler 1982).

The State tried this case and the trial court charged the jury on the theory that appellant, acting together with Richard Wickware as a party, killed the deceased “while in the course of committing theft and with intent to appropriate property, to-wit: lawful United States…