Moore v. State

ON appellant’s motion for rehearing.

DAVIDSON, Judge.

This record affirmatively reflects that by cross-examination of the appellant, supplemented by the testimony of other witnesses, the State proved that at the time of the trial appellant stood charged by complaint before a magistrate of Austin County with the offense of rape upon a named white woman.

This testimony was introduced by the State as tending to impeach the credibility of the appellant as a witness in his own behalf. The trial court so recognized and instructed the jury that the testimony could be considered only for that purpose if…