Penagraph v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for burglary of a building. The jury assessed punishment at twenty (20) years’ imprisonment.

Appellant has advanced a number of grounds of error including a challenge to the sufficiency of evidence to sustain the conviction and a claim that the State was improperly permitted to impeach a defense witness with “Have you heard” questions when such witness was not a reputation witness. We agree with this latter contention and reverse. In light of the holdings in Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978),…