# McGlammery v. State

> Court of Criminal Appeals of Texas · June 20, 1951 · 156 Tex. Crim. 387

URL: https://www.frixlaw.com/law-library/cases/4901984

## Case

- **Full name:** John McGlammery v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 20, 1951
- **Citations:** 156 Tex. Crim. 387; 242 S.W.2d 429; 1951 Tex. Crim. App. LEXIS 1600
- **Precedential status:** Published
- **Opinion:** On rehearing by Davidson
- **Judges:** Davidson, Woodley
- **Cited by:** 0 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/4901984

## Opinion text

ON APPELLANT’S MOTION FOR REHEARING
DAVIDSON, Judge.
Appellant insists that the bill of exception prepared by the trial court reflects error.
From this bill of exception it appears that the appellant sought, upon cross-examination of the injured party, to show 'that he had at one time been charged in a justice court with felony theft.
The trial court certifies that the complaint was dismissed for the want of sufficient evidence, and the charge was never presented to the grand jury.
The charge, having been dismissed in the justice court and not having resulted in an indictment, was not the subject of proof, even for impeachment purposes. 45 Tex. Jur., Witnesses, Sec. 246, p. 108; Norton v. State, 120 Tex. Cr. R. 557 , 47 S. W. *389 2d 610 ; Brown v. State, 105 Tex. Cr. R. 605 , 289 S.W. 386 ; Bridges v. State, 99 Tex. Cr. R. 627 , 271 S. W. 87 .
The action of the trial court in sustaining the state’s objection to proof of such fact was proper.
The motion for rehearing is overruled.
Opinion approved by the court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4901984. Public record. Not legal advice.