Perkins v. State

OPINION

ONION, Judge.

The offense is murder without malice; the punishment, five years in the Texas Department of Corrections.

The indictment charged the appellant with the murder of Edgar Frazier Willis while engaged in an act of assault with intent to commit murder upon John Henry Tanghlyn. See Article 42, Vernon’s Ann. P.C.

In his fifth ground of error appellant contends the State was permitted to improperly impeach its own witness.

After both sides had rested, the court in effect permitted the State to re-open its case. The district attorney then called the appellant’s brother, Willie Perkins,…