Duncan v. State

Morrow, Presiding Judge.

Assault with intent to murder is the offense; penalty assessed at confinement in the penitentiary for three years.

Appellant entered a plea of guilty to the offense charged and testified upon the trial in connection with his application for a suspended sentence that he had never been convicted of a felony in this or any other state. However, on cross-examination, State’s counsel elicited from the appellant the fact that some fifteen years ago he was convicted in Rusk County for the offense of cotton theft and had plead guilty. Objection was made to this testimony upon…