Legal Opinion

Bain v. State

Court of Criminal Appeals of Texas

Decided February 23, 1898No. 1467PublishedCited by 20 opinions

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of carrying a pistol, and his punishment assessed at a fine of $35; hence this appeal.

Upon the trial, the defendant being on the stand as a witness in his own behalf, the State asked him “if it is not a fact that you have been heretofore charged, in a number of instances, in this county, with" like offense?” to which he replied, “I have been charged before with like offenses; I don’t know how many times.” This evidence was clearly inadmissible. The fact that a man unlawfully carries a pistol is no bar "upon his credibility as a witness. The lowest'…

2Cases cited2 opinions

  1. Angley v. StateCourt of Criminal Appeals of Texas · 1896
  2. Price v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by20 opinions

  1. George v. StateCourt of Criminal Appeals of Texas · 1921
  2. Birch v. State, Texas Court of Appeals, 4th District (San Antonio)1997
  3. Sanchez v. State, Texas Court of Appeals, 6th District (Texarkana)2003
  4. Smith v. StateCourt of Criminal Appeals of Texas · 1982
  5. Illingworth v. StateCourt of Appeals of Texas · 2005

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