299 SW2D 128 - Commarrilo v. State

How this case has been cited

Cited by 24 later decisions — most recently November 1989

23 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

MORRISON, Presiding Judge.

¶1The offense is the possession of whiskey in a dry area; the punishment, 30 days in jail and a fine of $200.

¶2Our State’s Attorney has confessed error herein, and we agree.

¶3Bill of exception No. S reflects that the witness Armstrong was called by the appellant on the issue of his reputation. The bill recites that the court refused to permit the witness to testify and that, if he had been permitted to, he would have given testimony that he was well acquainted with the defendant and his general reputation in the community in which he lived, and that said general reputation of the defendant as being a peaceable and law-abiding citizen was good.

¶4This is such a certificate of error as is binding upon this Court. Jean v. State, Tex.Cr.App., 294 S.W.2d 406, and Johnson v. State, 138 Tex.Cr.R. 188, 135 S.W.2d 485.

¶5The judgment is reversed and the cause remanded.