Legal Opinion

Bennett v. State

Court of Appeals of Texas

Decided June 4, 1890No. 7021PublishedCited by 6 opinions

Appeal from the County Court of Falls. Tried below before Hon. S. R. Scott, County Judge. The conviction was for gaming, and the penalty assessed against the appellant was a fine of ten dollars.

1Opinion of the Court

Willson, Judge.

Henry Phoenix, a witness for the State, was the only witness who testified that defendant played at the game of craps. After .said witness had testified, the defendant, with the permission of the court, recalléd him and placed him on the witness stand, and propounded questions to him for the purpose of laying a predicate to impeach him. In this there was no error. Garza v. The State, 3 Texas Ct. App., 286; Treadway v. The State, 1 Texas Ct. App., 668.

Having laid the proper predicate for impeaching said witness, defendant offered impeaching evidence which, upon objection made…

2Cited by6 opinions

  1. O'Neal v. StateCourt of Criminal Appeals of Texas · 1912
  2. Cryer v. StateCourt of Criminal Appeals of Texas · 1925
  3. Graham v. StateCourt of Criminal Appeals of Texas · 1924
  4. Baum v. StateCourt of Criminal Appeals of Texas · 1910
  5. Edwards v. StateCourt of Criminal Appeals of Texas · 1914

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