Henley v. State

ON APPELLANT’S MOTION FOR REHEARING

MORRISON, Judge.

In our prior opinion we held that the witness Aleñe Joseph had not been impeached and cited as authority Lopez v. State, 171 Tex.Cr.R. 552, 352 S.W.2d 106. Upon further examination of Lopez we find the rule there expressed as follows: “To constitute impeachment of which the appellant complains, it would be necessary for the State to support the predicate laid, either by the introduction of the written statement or by an affirmative showing that the written statement contained such matter.” We now re-examine the record before us in the light…