Moffett v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

On original submission appellant’s conviction was reversed for the asking of an improper question by the prosecutor on cross-examination of a reputation witness. The question asked was:

“Have you heard that on September 18th of 1973, that he robbed a woman by the name of Francis Tindall, at the Globe Cleaners at 2430 North Haskell Avenue with a firearm.”

The majority on original submission found that this question, although framed in the approved “have you heard” form, was improper because it implied the act was actually committed, as was the…