Keller v. State

SECOND MOTION FOR REHEARING.

June 29, 1923.

MORROW, Presiding Judge.

— Appellant having become a witness in his own behalf and having testified to a relevant fact, we know of no rule that would have prevented the State from impeaching him by any legitimate means. It is true that the fact to which he'testified would not have justified his acquittal. It was offered, however, to mitigate the punishment. It was therefore relevant and it was competent for the State to discredit him by evidence of a previous prosecution for a felony unless the remoteness thereof was an impediment. The inquiries…