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96 Tex. Crim. 22

255 S.W 729

Duncan v. State

Court of Criminal Appeals of Texas

Decided November 14, 1923

Court of Criminal Appeals of Texas · decided 1923-11-14

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

Decided 1923-11-14

MORROW, Presiding Judge.-

¶1 — The offense is manslaughter; punishment fixed at confinement in the penitentiary for a period of three years.

¶2 On the issue of self-defense the testimony of appellant and that of Gordie Davis was in conflict. The privilege of testing her qualification as a witness preliminary to receiving her evidence was denied appellant, and on' her cross-examination she was shown, without objection from the State, to have been an unpardoned convict. This disqualified her as a witness, and appellant’s motion to exclude her testimony should have been sustained. The statute is discussed and decisions cited in Corzine v. State, 88 Texas Crim. Rep., 340.

¶3 The error requires a reversal of the judgment, and it is so ordered.

¶4 Reversed and remanded.

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