The Texas Criminal Reports Volume 70

The Texas Criminal Reports Volume 70

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... in procuring testimony for defendant or fabricating the same, and she had denied this suggestion to Mrs. Jackson, then Mrs. Jackson might have been examined on this point solely for the purpose of impeachment.' "It was exactly an effort of this kind to have the witness Lee change his testimony or remember things to which he had not testified, that he says appellant's brother undertook to have him do; that is, appellant's brother tried to make the witness remember having heard appellant make the statements when he approached the two immediately after the killing. We therefore take it that this case is as near in point with the facts in the case under discussion as could be found. "Again, the same judge in the case of Mitchell v. State, supra, used the following language: 'Now it would have been perfectly competent in order to show that the witness, John Pierce, was prejudiced against appellant; that he endeavored to have his employer discharge him, but the witness, Pierce, should have been first asked about this matter to afford him a chance of denying or explaining the same. His explanation might have been such as to have obviated the necessity of any contradictory evidence. If he had denied the same, then, as showing preju dice on his part against appellant, it would have been competent to have contradicted him upon this collateral matter.' "In the case of Martinez v. State, supra, Judge Brooks, discussing this identical question, uses the following language: 'We think the court erred in permitting the witness, Green, to contradict the witness, Arrera, because there was no predicate laid for contradiction. Appellant"s defense was an alibi. His sister and brother-in-law had...show more

Product details

  • Paperback | 384 pages
  • 189 x 246 x 20mm | 685g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236903471
  • 9781236903471