Legal Opinion

Bennett v. State

Court of Appeals of Texas

Decided October 22, 1887No. 2461PublishedCited by 26 opinions

Appeal from the District Court of Johnson. Tried below before the Hon. J. M. Hall. The conviction in this case was for the theft of one head of cattle, the property of Thomas Sparks, in Johnson county, Texas, on the sixteenth day of March, 1885. The penalty assessed against the appellant was a term of two years in the penitentiary. Thomas Sparks was the first witness for the State.

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Appeal from the District Court of Johnson. Tried below before the Hon. J. M. Hall. The conviction in this case was for the theft of one head of cattle, the property of Thomas Sparks, in Johnson county, Texas, on the sixteenth day of March, 1885. The penalty assessed against the appellant was a term of two years in the penitentiary. Thomas Sparks was the first witness for the State. He testified, in substance, that he lived about twelve miles south of Cleburne, in Johnson county, Texas, and lived there in March, 1885. His certain unmarked yearling, the same described in the indictment in this…

1Opinion of the Court

White, .Presiding Judge.

By article 755, Code of Criminal Procedure, it is provided that “the rule that the party introducing a witness shall not attack his testimony is so far modified as that any party, when facts stated by the witness are injurious to his cause, may attack his testimony in any other manner except by proving the bad character of the witness.”

On application of this change in the rule to any particular case, the question is, did the witness state facts injurious to the party calling him as a witness? (Tyler v. The State, 13 Texas, Ct. App., 205; Thomas v. The State, 14 Texas,…

2Cited by26 opinions

  1. State v. SteevesOregon Supreme Court · 1896
  2. Wall v. StateCourt of Criminal Appeals of Texas · 1967
  3. Richards v. United StatesCourt of Appeals for the D.C. Circuit · 1951
  4. People v. HardwickCalifornia Supreme Court · 1928
  5. Bernard's, Inc. v. AustinCourt of Appeals of Texas · 1927

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