Casey-Swasey Co. v. Virginia State Insurance

STEPHENS, Associate Justice.

Appellee was permitted, against the objections of appellant, to prove by witness Z. P. West that two indictments for perjury were pending against him (West) in the District Court of Comanche County, Texas; and by witness J. T. Maroney that he, too, had been indicted in the same court for the same offense.

That it is incompetent to thus impeach a witness, except on cross-examination, is well settled. Texas Brewing Co. v. Dickey, 43 S. W. Rep., 577. True, it has been held by this court and several others that a witness may be thus discredited on cross-examination, but…