Smith v. State

Christian, Judge.

The offense is burglary of a private residence; the punishment, confinement in the penitentiary for five years.

The testimony of appellant and that of witnesses he introduced raised the issue of alibi. One of appellant’s material witnesses had served a term in the penitentiary. The district attorney admitted that the witness was competent, under the statute and the decisions of this court construing the statute as not having the effect of disqualifying persons convicted of felonies since the enactment of such statute, notwithstanding the citizenship of such convicts had not…