Holt v. State

OPINION

MORRISON, Judge.

The offense is attempted forgery; the punishment, five (5) years.

Appellant’s first ground of error relates to a prior conviction which was used to impeach him during the guilt or innocence phase of the trial. Specifically, he contends the Court erred in permitting the prosecution to cross-examine him concerning a 1959 felony conviction because it was too remote.

In determining the question of remoteness, the date of appellant’s release from confinement controls, rather than the date of conviction. Couch v. State, 158 Tex.Cr.R. 292, 255 S.W.2d 223; Williams v. State,…