Duncan v. State

255 S.W. 729, 96 Tex. Crim. 22, 1923 Tex. Crim. App. LEXIS 755

Opinion

MORROW, Presiding Judge.-

— 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.