Opinion

Jennings v. State

  • 367 S.W.2d 670
  • 1963 Tex. Crim. App. LEXIS 873
Court
Court of Criminal Appeals of Texas
Filed
Mar 13, 1963
Status
Published
Author
Dice
On the bench
Dice, Morrison
Cited by
8 cases

The opinion

ON APPELLANT’S MOTION FOR REHEARING

DICE, Commissioner.

Appellant complains that in our opinion on original submission we did not pass upon his Point Number Five, which was that the court erred in permitting the prosecuting attorney to bring out on cross-examination of the appellant that his wife had made repeated statements and complaints to officers and third parties about his treatment of her, being testimony of a wife against her husband when he was not on trial for an offense committed upon her, in violation of Art. 714, Vernon’s Ann.C.C.P.

A careful reading of appellant’s cross-examination does not reflect that any testimony was elicited from him by state’s counsel with reference to statements or complaints made by his wife to any officers or third parties.

*672 As was pointed out in our original opinion, the testimony of Officer Brown that appellant’s wife had filed a complaint against him was properly admitted by the court as shedding light upon the officer’s authority to arrest appellant.

Remaining convinced that a proper disposition was made of the appeal on original submission, the motion for rehearing is overruled.

Opinion approved by the court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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