Jackson v. State

314 S.W.2d 97, 166 Tex. Crim. 348, 1958 Tex. Crim. App. LEXIS 4616

Opinion

WOODLEY, Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, four days in jail and a fine of $75.

Officer Sims testified for the State, refreshing his memory from a writing he had in his hand.

Appellant’s counsel requested that he be permitted to inspect the writing but the trial judge declined his request.

It is well settled that where a witness, while testifying, uses a writing to refresh his recollection, the defendant or his counsel is entitled to inspect the statement for cross-examination purposes. Green v. State, 53 Tex.Cr.R. 490, 110 S.W. 920, 22 L.R.A.,N.S., 706; Palacio v. State, Tex.Cr.App., 301 S.W.2d 166; McCormick & Ray, Texas Law of Evidence, 2d Ed. p. 449, Sec. 553; 44 Tex.Jur. p. 1140, Sec. 144; Branch’s Ann.P.C. 2d Ed. 189, Sec. 182.

The judgment is reversed and the cause remanded.