Armstrong v. State

OPINION ON STATE’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

This is an appeal from a conviction for capital murder. V.T.C.A., Penal Code, Sec. 19.03(a)(2). Punishment was assessed at death. On original submission this Court reversed the conviction because the trial court allowed inadmissible evidence to be brought before the jury over appellant’s objection. We granted the State’s motion for leave to file a motion for rehearing to review this holding.

The evidence in question is the testimony given by the deceased’s widow, Eva Maldonado. Mrs. Maldonado was called by the State in rebuttal during…