Legal Opinion

Duncan v. State

Court of Criminal Appeals of Texas

Decided November 14, 1923No. 7737Published

The opinion states the case.

1Opinion of the Court

MORROW, Presiding Judge.-

— The offense is manslaughter; punishment fixed at confinement in the penitentiary for a period of three years.

On the issue of self-defense the testimony of appellant and that of Gordie Davis was in conflict. The privilege of testing her qualification as a witness preliminary to receiving her evidence was denied appellant, and on' her cross-examination she was shown, without objection from the State, to have been an unpardoned convict. This disqualified her as a witness, and appellant’s motion to exclude her testimony should have been sustained. The statute is…

2Cases cited1 opinion

  1. Corzine v. StateCourt of Criminal Appeals of Texas · 1921

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