Livingston v. State

OPINION

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, 25 years.

Appellant’s grounds of error one and two must be sustained. The record in this case and the record in our relatively recent case of Blessett v. State, 168 Tex.Cr.R. 517, 329 S.W.2d 434, are almost identical. While appellant was being cross examined at the hearing on the question of guilt or innocence, he was asked if he was the same person who had been convicted of petty larceny in 1951 in Portland, Oregon. Upon objection the jury was retired. In the jury’s absence and over his counsel’s objection…