Firo v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appeal is taken from a conviction for murder. After the jury found appellant guilty, the court assessed punishment at 20 years.

In his petition for discretionary review, appellant contends that the trial court “committed reversible error in allowing the prosecution to call appellant’s wife as a State’s rebuttal witness.” The Court of Appeals rejected this contention and stated in part:

“After the defense rested, the State was allowed to call Mrs. Firo as a rebuttal, witness ... No new evidence tending to incriminate appellant was adduced…