Thomas v. State
Court of Appeals of Texas
1DissentSparling, Justice
I respectfully dissent.
The majority has declared the trial court to be in error for failing to allow the defendant to present a truth and veracity witness. I would hold that under the circumstances presented here, the trial judge’s discretion should be honored, and accordingly, would affirm.
Generally, a witness testifying that a pri- or witness has a good reputation for truth and veracity is a form of bolstering, and therefore, not admissible. Stewart v. State, 587 S.W.2d 148 (Tex.Cr.App.1979); Wallace v. State, 501 S.W.2d 883 (Tex.Cr.App.1973). The noted exceptions to this rule are when the…
2Cases cited19 opinions
- Brown v. StateCourt of Criminal Appeals of Texas · 1971
- O'BRYAN v. StateCourt of Criminal Appeals of Texas · 1979
- Coca-Cola Bottling Co. v. Chauffeurs, Local Union No. 878Supreme Court of the United States · 1980
- Franklin v. StateCourt of Criminal Appeals of Texas · 1979
- Community Loan Corp. v. CodySupreme Court of the United States · 1980
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