Cox v. State

ON APPELLANT’S MOTION FOR REHEARING

As stated in the majority opinion on rehearing, the question of the cross-examination of appellant’s sister is raised by brief and in argument for the first time. I am convinced that reversible error is reflected thereby. Her sister was a principal defense witness, and she was asked and required to answer over objection that she had recently been divorced. That question has recently been discussed by this Court in Burnett v. State, 162 Tex.Cr.R. 1, 280 S.W.2d 260. There, we held that the trial court correctly excluded exactly the same testimony which the…