Flannery v. State

DAVIDSON, Judge.

Appellant was assessed the maximum penalty of ten years in the penitentiary for theft by false pretext.

A statement of the facts is not deemed called for.

The question presented by this appeal is the competency of the injured party, an elderly woman, to testify. If she was a competent witness, the facts support the conviction; if not, a reversal of the conviction should follow, because of the receipt in evidence of the testimony of an incompetent witness.

When the state offered the injured party as a witness, appellant objected to her testimony because, he claimed, she was insane…