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LIVINGSTON v. STATE

No. 40803.

421 S.W.2d 108 (1967)

James Elvin LIVINGSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 29, 1967.

Attorney(s) appearing for the Case

Dan R. McCormack, Dallas, for appellant.

Henry Wade, Dist. Atty., Arch Pardue, Tom Reese and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, 25 years.

Appellant's grounds of error one and two must be sustained. The record in this case and the record in our relatively recent case of Blessett v. State, 168 Tex.Cr.R. 517, 329 S.W.2d 434, are almost identical. While appellant was being cross examined at the hearing on the question of guilt or innocence, he was asked if...

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