Treadway v. State
Court of Appeals of Texas
Appeal from the District Court of Lavaca. Tried below/ before the Hon. Everett Lewis. The appellant was indicted and tried for assault with-, intent to murder G. W. Hairgrove ; was found guilty of an. aggravated assault, and his fine assessed at $100.
1Opinion of the CourtWhite, J.
It is a familiar rule that, in order to impeach, the credit of a witness by proof that he has made statements out of court contrary to what he has testified at the-trial, in cases of verbal statements, it is necessary, first, to ask him as to time, place, and person involved in the-supposed contradiction. 1 Greenl. on Ev., sec. 462.
In applying this rule to a state of facts identical in every respect to the question of practice as submitted in the record before us, the supreme court, in the case of Harvey v. The State, said: “It was further error in the court to-, refuse the appellant the…
2Cases cited6 opinions
- Sherwood v. StateTexas Supreme Court · 1874
- Rideus v. StateTexas Supreme Court · 1874
- Harvey v. StateTexas Supreme Court · 1873
- Harris v. StateTexas Supreme Court · 1875
- Pilkinton v. StateTexas Supreme Court · 1857
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