# Lafitte v. State

> Court of Criminal Appeals of Texas · October 26, 1932 · 122 Tex. Crim. 243

URL: https://www.frixlaw.com/law-library/cases/3906546

## Case

- **Full name:** Ernest LaFitte v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 26, 1932
- **Citations:** 122 Tex. Crim. 243; 54 S.W.2d 136; 1932 Tex. Crim. App. LEXIS 701
- **Precedential status:** Published
- **Opinion:** Addendum by Lattimore
- **Judges:** Hawkins, Lattimore
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3906546

## Opinion text

ON MOTION FOR REHEARING.
LATTIMORE, Judge.
We know of no authority holding it proper to tell the jury in a charge to disregard the testimony of a witness who has sworn on direct examination to one state of facts, and on cross-examination, has made answers which might appear contradictory. The jury see the witnesses, hear the questions asked and the answers given, and are wisely charged with the sole responsibility of passing on the credibility of such witnesses and the weight to be given to their testimony. We think we correctly upheld the action of the trial court in refusing the special charge asking that the jury be told not to consider the testimony of the witness Emanis.
We must take the bills of exception as they appear in the record, unless attacked in some authorized way, in seeking to solve the erroneous or harmful character of the things therein complained of. The arguments objected to, viewed in the light
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of the qualifications placed on the bills, were properly held not subject to the objections made. The complaint of misconduct of the jury was fully analyzed and discussed in the original opinion, and we think correctly disposed of.
The motion for rehearing will be overruled.
Overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3906546. Public record. Not legal advice.