Jackson v. State

WOODLEY, Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, four days in jail and a fine of $75.

Officer Sims testified for the State, refreshing his memory from a writing he had in his hand.

Appellant’s counsel requested that he be permitted to inspect the writing but the trial judge declined his request.

It is well settled that where a witness, while testifying, uses a writing to refresh his recollection, the defendant or his counsel is entitled to inspect the statement for cross-examination purposes. Green v. State, 53 Tex.Cr.R. 490, 110 S.W.…