Barber v. State, 30478
| Citation | 168 Tex.Crim. 168,324 S.W.2d 553 |
| Decision Date | 01 April 1959 |
| Docket Number | No. 30478,30478 |
| Parties | Billy J. BARBER, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
[168 TEXCRIM 168] Warren Burnett, Mike Berry, Odessa, for appellant.
Leonard Howell, County Atty., Midland, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is driving while intoxicated; the punishment, three days in jail and a fine of $50.
Our prior opinion dismissing the appeal is withdrawn.
Our disposition of this case makes unnecessary a statement of the facts. Appellant's bill of exception reflects that he called six witnesses who would have, had they been permitted to do so, testified that appellant's reputation as a sober, peaceable and law abiding citizen was good. The reason for the court's exclusion of such testimony was that they had never heard appellant's reputation discussed.
In Gilson v. State, 140 Tex.Cr.R. 345, 145 S.W.2d 182, 183, this Court said:
[168 TEXCRIM 169] 'A witness who testifies that he knows the general reputation of the accused as a peaceable and law-abiding man should be permitted to testify that such general reputation in that respect is good, notwithstanding such witness states that he has never heard that reputation discussed in the community.'
See also Henderson v. State, Tex.Cr.App., 39 S.W. 116; Rose v. State, 92 Tex.Cr.R. 560, 244 S.W. 1009; Ewing v. State 120 Tex.Cr.R. 137, 49 S.W.2d 450; Weatherall v. State, 159 Tex.Cr.R. 415, 264 S.W.2d 429; and Shelton v. Belknap, Tex., 282 S.W.2d 682.
For the error shown, the judgment is reversed and the cause remanded.
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...172 Tex.Cr.R. 261, 356 S.W.2d 686 (1962); Hamman v. State, 166 Tex.Cr.R. 349, 314 S.W.2d 301 (1958); see also Barber v. State, 168 Tex.Cr.R. 168, 324 S.W.2d 553 (1959); Bara v. State, 141 Tex.Cr.R. 7, 147 S.W.2d 250 (1941); Pine v. State, 134 Tex.Cr.R. 396, 115 S.W.2d 918 (1938); Cockrell v......
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...Gilson v. State, 140 Tex.Cr.R. 345, 145 S.W.2d 182 (1940); Baldwin v. State, 538 S.W.2d 109 (Tex.Cr.App.1976); and Barber v. State, 168 Tex.Cr.R. 168, 324 S.W.2d 553 (1959). The error is of constitutional dimension and, therefore, we review the same in the interest of justice, although no g......
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Rumph v. State, A14-83-739CR
...does not disqualify him from testifying as to a person's reputation as a peaceable and law-abiding person. Barber v. State, 168 Tex.Crim. 168, 324 S.W.2d 553 (1959). However, the error in excluding the testimony was not preserved for review. Appellant did not by a bill of exception show wha......
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