Pace v. State

398 S.W.2d 123, 1965 Tex. Crim. App. LEXIS 1168

• Court: Court of Criminal Appeals of Texas
• Decided: November 24, 1965
• Docket: 38475
• Status: Published

Opinions

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, 20 days in jail and a fine of $150.00.

In view of our disposition of this case a recitation of the facts is not deemed necessary other than to observe that appellant placed his reputation in issue and called several witnesses who testified that his reputation for being a peaceable and law abiding citizen was good.

On cross examination of such witnesses, the State was permitted over appellant’s objection to ask such witnesses if they had heard that appellant had been charged with speeding in several counties and with running a red light in still another. It was never the intention of this Court to include offenses of this nature when we announced the rule set forth in Vance v. State, 365 S.W.2d 182. We have been cited no authority to support the asking of such questions of a reputation witness, and know of none.

For the error of the Court in permitting the asking of such questions over the repeated objections, the judgment is reversed and the cause is remanded.

It is so ordered.