MARTIN v. STATE

No. 45708.

491 S.W.2d 928 (1973)

Prescott Allen MARTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 11, 1973.


Attorney(s) appearing for the Case

Robert B. Maloney and David L. Loving, III, Dallas, for appellant.

Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

This is an appeal from a conviction for the offense of assault with intent to murder without malice. The jury assessed punishment at three years.

Appellant's sole contention is that the trial court erred in overruling his motion for mistrial in that the state improperly impeached a defense witness with evidence inadmissible under Article 38.29, Vernon's Ann.C.C.P.

Mary Tyler testified that she went to Joan Martin's house...

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