Weatherall v. State
| Citation | 264 S.W.2d 429,159 Tex.Crim. 415 |
| Decision Date | 10 February 1954 |
| Docket Number | No. 26696,26696 |
| Parties | WEATHERALL v. STATE. |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Florence & Florence, By G. L. Florence, Gilmer, for appellant.
Wesley Dice, State's Atty., of Austin, for the State.
BELCHER, Commissioner.
Appellant was convicted for assault with intent to murder, and his punishment was assessed at two years in the penitentiary.
In view of the disposition we make of this case, it is not necessary to here set out the facts.
Appellant entered a plea of not guilty to the charge in the indictment and filed his application for a suspended sentence, which he supported by proper proof entitling him to a submission of said issue to the jury.
Appellant offered several witnesses who testified that they were acquainted with his general reputation in the community where he resided for being a peaceable and law abiding citizen and that it was good.
The state offered Albert Henderson as a witness who testified that the 'reputation' of appellant in the community where he resided for being a peaceable and law abiding citizen was bad. On cross-examination, said witness admitted that his testimony in this regard was not based on anything he had heard from other persons. Appellant's motion to exclude his testimony from the consideration of the jury, and to instruct the jury not to consider it for any purpose, was overruled.
In regard to the proof concerning the general reputation of the accused as a peaceable and law abiding person, we said in Gilson v. State, 140 Tex.Cr.R. 345, 145 S.W.2d 182, 183:
A witness must be shown to be qualified to express an opinion that a person's general reputation for being peaceable and law abiding is bad, before expressing such opinion. West v. State, 137 Tex.Cr.R. 554, 132 S.W.2d 872; Broussard v. State, 134 Tex.Cr.R. 1, 114 S.W.2d 248; Ewing v. State, 120 Tex.Cr.R. 137, 49 S.W.2d 450; Tyler...
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Carrillo v. State
...has never heard that reputation discussed in the community. Mitchell v. State, 524 S.W.2d 510 (Tex.Cr.App.1975); Weatherall v. State, 159 Tex.Cr.R. 415, 264 S.W.2d 429 (1954); Gilson v. State, 140 Tex.Cr.R. 345, 145 S.W.2d 182 (1940). Martinez testified that he had heard appellant's reputat......
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Frison v. State
...and law abiding citizen was bad. Appellant Watts complains only of Meyer's testimony. Reliance is placed upon Weatherall v. State, 159 Tex.Cr.R. 415, 264 S.W.2d 429 (1954) where it was held that a witness must be shown to be qualified to express an opinion that a person's general reputation......
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Mitchell v. State
...on trial. Twine v. State, supra; Frison v. State, supra; Broadway v. State, 418 S.W.2d 679 (Tex.Cr.App.1967). In Weatherall v. State, 159 Tex.Cr.R. 415, 264 S.W.2d 429 (1954), the State's character witness was held not to be qualified to testify as to the appellant's bad reputation because ......
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Francis v. State
...reputation from information gained from others. Crawford v. State, 480 S.W.2d 724, 726 (Tex.Cr.App.1972); Weatherall v. State, 159 Tex.Cr.R. 415, 264 S.W.2d 429, 430 (1954). What this rule seeks to prevent is testimony from a witness whose knowledge of the defendant's reputation comes exclu......