Davis v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

This cause is before us on appellant’s petition for discretionary review, the Court of Appeals, 623 S.W.2d 790, having affirmed his conviction for burglary with intent to commit theft.

Appellant now contends the Court of Appeals erred by overruling complaint of his improper impeachment by the State in violation of Article 38.29, V.A.C.C.P. 1 That court cast the issue this way:

“Did the State have the right to cross-examine [appellant] with the evidence that he had been previously convicted of a crime in federal court for…