Spain v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from conviction for theft over $10,000. V.T.C.A. Penal Code, Sec. 31.03. Punishment was assessed by the jury at ten years, with the recommendation of probation.

Appellant contends that the trial court’s refusal to allow cross-examination of the State’s witness Garret Gilmore, in order to establish his bias or motive in testifying, denied appellant his constitutional right to confrontation. U.S.Const. Amend. VI; Tex.Const., Art. I, Sec. 10. The evidence germane to disposition of this contention will be reviewed below.

Appellant’s wife, Peggy Spain, was…