Court of Criminal Appeals of Texas, 1923

Duncan v. State

Duncan v. State
Court of Criminal Appeals of Texas · Decided November 14, 1923 · Morrow
255 S.W. 729; 96 Tex. Crim. 22; 1923 Tex. Crim. App. LEXIS 755 (South Western Reporter)

Duncan v. State

Opinion of the Court

MORROW, Presiding Judge.-

— The offense is manslaughter; punishment fixed at confinement in the penitentiary for a period of three years.

On the issue of self-defense the testimony of appellant and that of Gordie Davis was in conflict. The privilege of testing her qualification as a witness preliminary to receiving her evidence was denied appellant, and on' her cross-examination she was shown, without objection from the State, to have been an unpardoned convict. This disqualified her as a witness, and appellant’s motion to exclude her testimony should have been sustained. The statute is discussed and decisions cited in Corzine v. State, 88 Texas Crim. Rep., 340.

The error requires a reversal of the judgment, and it is so ordered.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.