Powell v. State

OPINION

COHEN, Justice.

A jury convicted the appellant of burglary of a habitation and assessed punishment at imprisonment for five years.

We reverse the judgment and remand the cause for a new trial because the State was wrongly permitted to impeach a witness with a “have you heard” question suggesting the appellant’s involvement in another offense.

The appellant called Ms. Adella Moreno as a witness at the guilt-innocence stage of the trial and the following transpired:

Q. (by appellant’s attorney) What kind of person generally is John Powell as far as you are concerned?

A. I used to see him…