Stephens v. State

ON MOTION FOE REHEARING.

MORROW, Presiding Judge.

Whether in a given ease in which the accused testifies in his own behalf the reception of evidence of his previous indictment or conviction of a felony is admissible, generally speaking, is not to be arbitrarily determined by the lapse of time alone but the intervening conduct of the accused is a pertinent subject of inquiry and often determines whether the proof is admissible or too remote. See Shipp v. State, 283 S. W., 520, and cases therein cited, including Ard v. State, 101 Texas Crim. Rep., 545, 276 S. W., 263. In the present instance, the…