Garcia v. State

MORRISON, Presiding Judge.

The offense is murder without malice; the punishment, five years.

In view of our disposition of this case, it is unnecessary to set out the facts other than to observe that the appellant testified he shot in self defense, and made application for a suspended sentence.

On cross-examination, the appellant was asked, “Have you ever been arrested for unlawfully carrying a pistol?” and was required to answer that he had been “somewhere around 1950.” It was established for the purpose of the bill, in the absence of the jury, that at the time the prosecutor asked the question…