Payne v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction for burglary; penalty, two years imprisonment in the penitentiary. A statement of the evidence adduced is not necessary.
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Appeal from the District Court of Tarrant. Tried below before Hon. W. D. Harris. Appeal from a conviction for burglary; penalty, two years imprisonment in the penitentiary. A statement of the evidence adduced is not necessary. Appellant based his motion for new trial upon the following grounds: 1. Permitting the State to prove by defendant that he had before been indicted. 2. Permitting the State to prove the good character, etc., of the State’s witness, Jack Dean, for truth and veracity. 3. The court erred in failing to charge the jury as to the effect to be given to the evidence showing the…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.
By his first bill of exceptions, appellant calls in question the action of the court in permitting the State, in the cross-examination of the defendant, Larkin Payne, to prove by him that he had previously been indicted for the offense of burglary of another house than the one in question. The ground of objection urged to this testimony was that the same was immaterial and prejudicial to defendant. This is entirely too general, and…
2Cases cited5 opinions
- Burrell v. StateTexas Supreme Court · 1857
- State v. BaconOregon Supreme Court · 1886
- Brittain v. StateCourt of Criminal Appeals of Texas · 1896
- Carroll v. StateCourt of Criminal Appeals of Texas · 1893
- Morrison v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by13 opinions
- Hunter v. StateCourt of Criminal Appeals of Texas · 1910
- Holmes v. StateCourt of Criminal Appeals of Texas · 1913
- Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Holland v. StateCourt of Criminal Appeals of Texas · 1910
- First National Bank of Bartlesville v. BlakemanSupreme Court of Oklahoma · 1907
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