Hutson v. State

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Judge.

Counsel for appellant again urges that it was error to permit the “attempted impeachment” of the testimony of the sheriff, a defense witness, with a recording of a conversation between the sheriff and the county attorney made without the knowledge of the sheriff.

Testifying in behalf of appellant, the sheriff answered in the affirmative when asked if in his opinion appellant acted more *29like one who had been using barbiturates than a man who was intoxicated. He further testified upon direct examination by appellant’s counsel that he had talked…