Ward v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

This is an appeal from a conviction for murder. On original submission the conviction was reversed because the State asked improper questions during its cross-examination of appellant’s wife.

The State contended that the testimony given by appellant’s wife on direct examination made her a character witness subject to cross-examination by questions asking if she had heard of specific acts of misconduct inconsistent with that character. The position urged by appellant, and accepted by the Court, was that such “have you heard” questions must…