Garcia v. State
Decision Date | 14 January 1959 |
Docket Number | No. 30306,30306 |
Citation | 167 Tex.Crim. 211,319 S.W.2d 727 |
Parties | Francisco GARCIA, Appellant, v. STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Thompson & Hight, Fort Worth, for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
The offense is murder without malice; the punishment, five years.
In view of our disposition of this case, it is unnecessary to set out the facts other than to observe that the appellant testified he shot in self defense, and made application for a suspended sentence.
On cross-examination, the appellant was asked, 'Have you ever been arrested for unlawfully carrying a pistol?' and was required to answer that he had been 'somewhere around 1950.' It was established for the purpose of the bill, in the absence of the jury, that at the time the prosecutor asked the question he knew the prosecution against the appellant for carrying the pistol had been dismissed.
Recently, in Dempsey v. State, 159 Tex.Cr.R. 602, 266 S.W.2d 875, 876, we had before us a comparable situation and, in reversing the conviction, said:
See also Davis v. State, 160 Tex.Cr.R. 138, 268 S.W.2d 152; Rodriquez v. State, 160 Tex.Cr.R. 453, 272 S.W.2d 366; and Parrish v. State, 163 Tex.Cr.R. 252, 290 S.W.2d 245.
For the error pointed out, the judgment is reversed and the cause...
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Love v. State, 50404
...v. State, 163 Tex.Cr.R. 94, 289 S.W.2d 240 (1956); Parrish v. State, 163 Tex.Cr.R. 252, 290 S.W.2d 245 (1956); Garcia v. State, 167 Tex.Cr.R. 211, 319 S.W.2d 727 (1959); Robertson v. State, 463 S.W.2d 18 In Davis, the prosecutor, while cross-examining the defendant about his whereabouts aft......
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Robertson v. State, 43372
...the appellant has failed to preserve his error. The method for making such a showing is set forth in our opinions in Garcia v. State, 167 Tex.Cr.R. 211, 319 S.W.2d 727 and Davis v. State, 160 Tex.Cr.R. 138, 268 S.W.2d Finding no reversible error, the judgment is affirmed. ...