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STATE v. KIMBAUER

No. 4079.

365 S.W.2d 201 (1963)

The STATE of Texas et al., Appellants, v. John KIMBAUER et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 28, 1963.

Attorney(s) appearing for the Case

Haley, Koehne, Fulbright & Winniford, Waco, for appellants.

David G. Copeland, Waco, for appellees.

WILSON, Justice.

Condemnors ask us to reverse the judgment in a jury condemnation case because of the cross-examination of condemnors' witness by condemnee. The witness had expressed an opinion on direct examination that the value of the property taken was $9,500. This cross-examination ensued:

"Q. Mr. Lewis, about a year ago your opinion was stated to be different from that; you stated it to be your opinion right here in this court house it was worth $10...

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