Henley v. State

The majority overrule the state’s second motion for rehearing without written opinion.

In doing so they cast aside the following authorities which sustain Judge McDonald’s disposition of the question of whether the state’s witness Aleñe Joseph was impeached, in his opinion affirming this conviction.

From Lopez v. State, 171 Tex.Cr.R. 552, 352 S.W.2d 106:

“While testifying for the State, Marcella Lopez (the mother of appellant) admitted that she signed a statement by making a mark in the presence of her son, Domacio Lopez, and his wife, in which she stated that shortly after Christmas, in 1958,…