Houston v. State

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for voluntary manslaughter. Punishment was assessed by the jury at eight years confinement. The sufficiency of the evidence is not challenged.

In his third ground of error, appellant contends that the trial court erred in allowing the State to impeach its own witness. We agree.

The error occurred when the State called appellant’s brother, Frank Houston, to the stand. Frank stated that he was in Dorn’s Grill playing pool when he saw his brother sitting in the corner of the room. The deceased, Austin Harper, was sticking his fingers in…