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611 S.W.2d 105

Vara v. State

Court of Criminal Appeals of Texas

Decided February 4, 1981

Court of Criminal Appeals of Texas · decided 1981-02-04

Cited by 1 later decisions — most recently May 1982

1 state decisions

Key passage — most relied on by later courts

““Your Honor, I object to this. They are the ones who asked this man his reputation for being a peaceable and law abiding citizen. We never asked him that.””

quoted by 1 later decision, including Depew v. State

Relies on Ward v. State · Milligan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-02-04

View the full empirical analysis of this case →

¶1OPINION

ODOM, Judge.

¶2This is an appeal from a conviction for rape in which punishment was assessed at twenty years.

¶3One ground of error is raised on appeal. In it the argument is advanced that it was error to permit questions on cross-examination of a defense witness, inquiring whether he had heard of a prior rape accusation against appellant. Chester Franklin was a former employer of appellant and testified to his good work record, in support of appellant’s application of probation. After a hearing outside the presence of the jury, the State was permitted to ask Franklin if he had heard that appellant had been in-dieted for rape on an earlier occasion, during the time he was employed by Franklin.

¶4On appeal, appellant argues the “have you heard” question was in violation of Ward v. State, Tex.Cr.App., 591 S.W.2d 810, because Franklin had not testified as a reputation witness. No trial objection was made on this ground, so nothing is presented for review. Milligan v. State, Tex.Cr.App., 554 S.W.2d 192.

¶5Alternatively, appellant argues the have you heard question was directed to the issue of appellant’s reputation for being a peaceable and law-abiding citizen, while Franklin testified only on his character as a good employee. Although most of Franklin’s testimony was restricted in that manner, one question and answer went beyond the issue of employment, asking if appellant could “function as he did previously as a good person, as a functioning citizen, regularly employed and under that type of structure.... ” Appellant’s argument that Franklin's testimony concerned only his performance as a good employee is not supported by the record. The ground of error is overruled.

¶6The judgment is affirmed.

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