Warren v. State

• Decision Date: 16 June 1894
• Citation: 26 S.W. 1082
• Parties: WARREN v. STATE.
• Court: Texas Court of Criminal Appeals

26 S.W. 1082

WARREN v. STATE.

Court of Criminal Appeals of Texas.

June 16, 1894.

Appeal from Caldwell county court; George W. Kyser, Judge.

Walter Warren was convicted of theft, and appeals. Reversed.

L. J. & A. B. Storey and W. W. Glass, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.

SIMKINS, J.

Appellant was convicted of theft of wire under value of $20, and his punishment assessed at $100 fine and 30 days in jail.

Appellant having taken the stand as a witness, and testified in his own behalf, the state, over objection, asked him if he had not appropriated some turkeys belonging to one Plewit, and paid him in beef, and whether there was not an indictment for theft of a yearling, and for other offenses, against him, which were answered in the affirmative. The court did not err in permitting the questions to be asked. Jackson's Case (just decided) 26 S. W. 194.

2. Appellant excepted to the general charge on the ground that the court admitted testimony of other and different offenses against defendant, and had failed, in his charge, to limit the evidence to the purposes for which it was admitted. The exception is well taken. Where such testimony is admitted, it is only for the purpose of impeachment of the credibility of defendant; and it is the duty of the court to so instruct the jury, whether requested or not. Judgment reversed, and cause remanded.