Richardson v. State

OPINION

McCORMICK, Judge.

This is an appeal from a conviction of indecency with a child. Following the verdict of guilty, the jury found appellant had been twice previously convicted of felony offenses, and punishment was assessed at life. The sufficiency of the evidence to support the conviction is not challenged.

In his first ground of error, appellant contends the trial court erred in failing to grant a mistrial after the prosecutrix made an unresponsive answer which showed appellant had previously been to the penitentiary. The portion of the cross-examination complained of is as follows:

“Q.…