STEWART v. STATE

No. 46890.

503 S.W.2d 286 (1973)

James Edward STEWART, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 16, 1974.


Attorney(s) appearing for the Case

H. R. Rolston, Lufkin, for appellant.

Jim D. Vollers, State's Atty., Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is the unlawful sale of marihuana; punishment, set by the court, seven (7) years.

Appellant raises only one ground of error, complaining that the trial court erred in allowing the State to impeach appellant with a prior felony conviction because it was too remote.

In determining the question of remoteness, the date of appellant's release from confinement controls rather than the date of conviction. Couch...

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