SMITH v. STATE

No. 33470.

346 S.W.2d 611 (1961)

Curtis SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 24, 1961.


Attorney(s) appearing for the Case

T. D. Wells, Paris, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is possession of untaxed whiskey; the punishment, 4 months in jail and a fine of $250.

Our able State's Attorney confesses error, and we agree. A defense witness was asked on cross-examination by the State if she had been fooling with wild-cat whiskey for the last five years or longer, and further whether or not she had been convicted for selling or handling whiskey. Appellant's timely objection was overruled.

This constituted...

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