Massengale v. State

The majority concludes that Article 38.29, V.A.C.C.P., does not bar to a “demonstration of the charges against the witness” in order to show her attitude in testifying for appellant. Yet appellant’s ground of error focuses on questions containing “an improper assertion of fact that the witness had committed a specific act of misconduct,” and the court of appeals identified appellant’s contention as being just that. Accordingly, there is no need for the majority to trouble itself with procedural niceties when the merits of the ground may be addressed headon.1

Each question to which appellant…