ZILLENDER v. STATE

No. 52942.

557 S.W.2d 515 (1977)

Earnest ZILLENDER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 9, 1977.


Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, for appellant.

Henry Wade, Dist. Atty., William M. Lamb and Kelly Loving, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ON APPELLANT'S MOTION FOR REHEARING

ROBERTS, Judge.

On original submission, the appellant asserted that the trial court erred in overruling his objection to the use of a prior probated conviction for impeachment purposes by the State. In considering appellant's contention, we held that the error, if any, was waived. We now hold that there was no waiver and that the impeachment was improper, but that the error was harmless beyond a reasonable...

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