Bell v. State

OPINION

MORRISON, Judge.

The offense is assault with intent to rape; the punishment, 99 years.

Appellant did not testify or in any manner place his reputation in issue. His sole defense was that of alibi. One of his witnesses was his mother. State’s counsel during his cross-examination of her, asked if she knew appellant’s reputation for being a law abiding citizen. Appellant’s counsel’s objection was by the court sustained. State’s counsel, after further questioning and without warning, asked her this question: “Did he ever spend any time in the State penitentiary or Federal penitentiary?”. An…