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PRUITT v. STATE

No. 2-88-086-CR.

770 S.W.2d 909 (1989)

W.C. PRUITT, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied June 15, 1989.

Attorney(s) appearing for the Case

Office of the Public Defender, and Ward W. Elmendorf [on appeal only], Wichita Falls, for appellant.

Barry Macha, Crim. Dist. Atty., and Rick L. Mahler, Asst. Crim. Dist. Atty., Wichita Falls, for State.

Before WEAVER, C.J., and HILL and FARRIS, JJ.

OPINION

FARRIS, Justice.

This appeal involves the question of whether the State may impeach its own witness with a prior inconsistent statement when it has called the witness knowing that he will provide little or no testimony useful to the State. We hold the right to impeach one's own witness by use of a prior inconsistent statement does not extend to employment of such impeachment as a mere subterfuge to get otherwise inadmissible hearsay evidence before...

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