McGary v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of murder. V.T. C.A., Penal Code, § 19.02(a)(1). The jury assessed his punishment at life imprisonment.

On appeal the appellant, inter alia, contended in his first point of error that the “trial court erred by admitting into evidence the written statement which a defense witness [Myren Nell Breeden] had given to the police.” The contention centered on the improper impeachment of the said witness. On original submission the Austin Court of Appeals sustained the contention and reversed the…