Hays v. State
| Decision Date | 12 October 1904 |
| Citation | 82 S.W. 511 |
| Parties | HAYS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Panola County Court; J. G. Woolworth, Judge.
Willard Hays was convicted of violation of the local option law, and appeals. Reversed.
Howard Martin, Asst. Atty. Gen., for the State.
Appellant was convicted for violating the local option law, his punishment being assessed at a fine of $40 and 40 days' confinement in the county jail.
The first bill of exceptions shows that, after appellant had testified in his own behalf, on cross-examination the state was permitted to ask, and the court forced appellant to answer, that he was under indictment in 13 other cases for violating the local option law. Appellant contends that this testimony was not admissible to affect his credibility, as these offenses do not carry with them moral turpitude. Appellant's contention is correct, as held by the former decisions of this court. Marks v. State, 78 S. W. 512, 9 Tex. Ct. Rep. 309.
The judgment is accordingly reversed, and the cause remanded.
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State v. Malusky
... ... Ala. 619, 112 So. 157); Fort v. Brinkley, 87 Ark ... 404, 112 S.W. 1084; Edenfield v. State, 14 Ga.App ... 401, 81 S.E. 253; Jennings v. State, 82 Tex. Crim ... Rep. 504, 200 S.W. 169, (but see Green v. State, 107 ... Tex. Crim. Rep. 473, 300 S.W. 55); McGovern v. Hays, ... 75 Vt. 104, 53 A. 326; Coykendall v. Skrmetta (C.C.A ... 5th) 22 F.2d 120. Accordingly we hold that a violation ... of the state prohibition law as of a second offense involves ... moral turpitude ... It is ... further urged that the legislature when enacting the ... ...