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100 Tex. Crim. 261

272 S.W 492

Newells v. State

Court of Criminal Appeals of Texas

Decided April 29, 1925

Court of Criminal Appeals of Texas · decided 1925-04-29

<p>The opinion states the case.</p>

Cited by 1 later decisions — most recently April 1932

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1925-04-29

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¶1 ON MOTION FOR REHEARING.

LATTIMORE, Judge. —

¶2 The State ipoves for a rehearing on the ground that we erred in holding that the learned trial judge wrongfully permitted the State to prove by its witness Satterfield that when he was constable in Hill County he filed a charge of theft in the justice court -against appellant to which the latter pleaded guilty and was punished by a fine. We have again reviewed the matter but are unable to believe the State’s contention sound in this regard. The justice court has no jurisdiction of theft cases and could not legally try and punish appellant for such offense. Hence such proof *264 ivas not admissible to contradict or impeach appellant. The matter Avas also objected to because the record Avould be the best evidence, and this also was a good objection.

¶3 Believing the matter correctly decided, the State’s motion for rehearing will be overruled.

¶4 Overruled.

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