Duncan v. State
This text of 255 S.W. 729 (Duncan v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— The offense is manslaughter; punishment fixed at confinement in the penitentiary for a period of three years.
On the issue of self-defense the testimony of appellant and that of Gordie Davis was in conflict. The privilege of testing her qualification as a witness preliminary to receiving her evidence was denied appellant, and on' her cross-examination she was shown, without objection from the State, to have been an unpardoned convict. This disqualified her as a witness, and appellant’s motion to exclude her testimony should have been sustained. The statute is discussed and decisions cited in Corzine v. State, 88 Texas Crim. Rep., 340.
The error requires a reversal of the judgment, and it is so ordered.
Reversed and remanded.
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Cite This Page — Counsel Stack
255 S.W. 729, 96 Tex. Crim. 22, 1923 Tex. Crim. App. LEXIS 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-state-texcrimapp-1923.