Payne v. State

MORROW, Presiding Judge.

Conviction is for burglary; punishment fixed at confinement in the penitentiary for two years.

The State’s witness Williamson gave important testimony against the appellant. Upon cross-examination he admitted that he had confessed to a number of other crimes, including theft and burglary. On re-direct examination, the State, over appellant’s objection, was permitted to prove that in the commission of some of the offenses included in those confessions, the appellant was present. The court, in his charge to the jury, instructed them to disregard this proof.

Upon the trial,…