Shepherd v. State
| Decision Date | 03 March 1915 |
| Docket Number | (No. 3452.) |
| Citation | 174 S.W. 609 |
| Parties | SHEPHERD v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from San Augustine County Court; Wm. McDonald, Special Judge.
Pleas Shepherd was convicted of violating the local option law, and he appeals. Reversed and remanded.
C. C. McDonald, Asst. Atty. Gen., for the State.
Appellant was convicted of violating the local option law; his punishment being assessed at 20 days' imprisonment in the county jail and a fine of $25.
Three questions are presented: First. Overruling the application for a continuance, which is deemed unnecessary to be considered in the light of a reversal upon two other questions. The absent testimony can be secured upon another trial. Second. The question of agency, which was raised by the testimony, and which was not charged by the court and the special instructions refused. This was error under all the authorities. Third. Defendant, over objection, was required to testify he had been previously indicted for violation of the local option law. Objections were urged, and this matter is presented for reversal. This was error. See Branch's Crim. Law, § 566, for collation of authorities. Some of these it may be well enough to cite: Tyrell v. State, 38 S. W. 1011; Stewart v. State, 38 S. W. 1144; Lee v. State, 45 Tex. Cr. R. 51, 73 S. W. 407; Jennings v. State, 55 Tex. Cr. R. 147, 115 S. W. 587; Marks v. State, 78 S. W. 512; Hays v. State, 47 Tex. Cr. R. 149, 82 S. W. 511.
The judgment is reversed, and the cause remanded.
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Jennings v. State
...offenses has been frequently held inadmissible for the purpose of impeachment. Branch's An. P. C. pp. 102, 103, § 169; Shepherd v. State, 76 Tex. Cr. R. 307, 174 S. W. 609; Hightower v. State, 73 Tex. Cr. R. 258, 165 S. W. 186; Johnson v. State, 67 Tex. Cr. R. 441, 149 S. W. 165; Clay v. St......
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Burton v. State, 22663.
...appellant and so limited it in his charge to the jury. The court was in error in overruling appellant's objection. See Shepherd v. State, 76 Tex.Cr.R. 307, 174 S.W. 609, and cases therein cited. Also, see Johnson v. State, 80 Tex.Cr.R. 547, 191 S.W. 1165. Under the charge for which appellan......
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Nattali v. State
...of a misdemeanor violation of the local option law, it not being a misdemeanor imputing moral turpitude." See also Shepherd v. State, 76 Tex.Cr.R. 307, 174 S.W. 609; Johnson v. State, 80 Tex.Cr.R. 547, 191 S.W. 1165; 45 Texas Jurisprudence, page 238, cases under Note 17, Sec. It was also av......
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