Lights v. State
Citation | 17 S.W. 428 |
Parties | LIGHTS v. STATE.<SMALL><SUP>1</SUP></SMALL> |
Decision Date | 08 May 1886 |
Court | Court of Appeals of Texas |
Appeal from district court, Brazos county; N. G. KITTRELL, Judge.
Mose Lights was convicted of assault with intent to commit rape, and appeals. Affirmed.
J. W. Doremus, for appellant. J. H. Burts, Asst. Atty. Gen., for the State.
This is an appeal from a judgment of conviction for assault with intent to rape. A motion made to quash the indictment was properly overruled, it being in all respects conformable to the approved precedents. Willson, Crim. Forms, No. 358, p. 162.
On the trial the district attorney was permitted, over objection of defendant, to ask defendant's witness George Harrison "if he had not been in the penitentiary, and if he was not sent up from Navasota, Grimes county?" It is insisted that such questions were inadmissible for any purpose. If to show incompetency, that then the record of conviction was the only legal evidence, (Pen. Code, art. 644; Cooper v. State, 7 Tex. App. 194;) if to discredit the witness, then such method was incompetent. In Ivey v. State, 41 Tex. 35, where the witnesses were permitted to be asked where they came from and to answer that they came from jail, the court say: Mr. Wharton says: Whart. Crim. Ev. (8th Ed.) 474, and numerous authorities cited. In Real v. People, 42 N. Y. 270, it was said by GROVER, J.: ...
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Bustillos v. State
...elects to so testify he subjects himself to any legitimate cross-examination within the rules of evidence. Since the early case of Lights v. State, 17 S.W. 428 (1886--Court of Appeals), the rule was established that the credibility of a witness in a criminal case could be attacked by a show......
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Simmons v. State, 42716
...... Wright v. State, 103 Tex.Cr.R. 534, 281 S.W. 864. . When the time asked about is not too remote, the defendant or other witness may be asked on cross-examination if he had ever been confined in the penitentiary on a charge of crime. lights v. State, 21 Tex.App. 308, 17 S.W. 428. (There was no objection that the prior felony conviction was too remote.) . The witness can be compelled to answer that he has been convicted for a crime imputing moral turpitude, if such is the fact, or the record of conviction can be ......
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Glasser v. State
...issue of credibility of the accused as a witness has been asserted in numerous occasions in the opinions of this court. Lights v. State, 21 Tex. App. 313, 17 S. W. 428; Bratton v. State, 34 Tex. Cr. R. 477, 31 S. W. 379; Lee v. State, 45 Tex. Cr. R. 52, 73 S. W. 407; Branch's Ann. Tex. Pena......
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Calyon v. State
...the authorities. Pefferling v. State, 40 Tex. 487; Lawson v. State, 17 Tex. App. 303; Roberson v. State, 49 S. W. 399; Lights v. State, 21 Tex. App. 314, 17 S. W. 428; Grimmett v. State, 22 Tex. App. 41, 2 S. W. 631, 58 Am. Rep. 630; Conger v. State, 63 Tex. Cr. R. 328, 140 S. W. 1112; Shar......