*1 208 reurges rehearing, grounds
а the same for a reversal of this original questions cаuse as he did on submission. The pre- thus fully original sented were opinion discussed in our and we see entering upon no need of a further discussion thereof. Believing properly disposed original that the case was of on submission, rehearing the motion for a is overruled. foregoing opinion
The Appeals of the Commission of has by Judges exаmined the of ben the Appeals Court of Criminal approved by and the Court. Handy
Charlie v. The State. No. 20001. Delivered December 7, 1938. On Motion to Reinstate Appeal Fеbruary 8, 1939. opinion the The states case. McAlister, Nacogdoches, appellant.
Adams & of for Davidson, Austin, Lloyd Attorney, the W. State’s of for State.
209 g Christian, murder; punishment, Jud e. The offenseis the penitentiary in years. confinement the fоr three *2 recognizance appellant The rеcites that has been convicted aggravated аssault, of an whereas the conviction for was murder. аppellant enlarged In view of the fact that is under а defective recognizance, jurisdiction. this court is withоut appeal
The is dismissed. foregoing opinion The of Appeals the Commission of has Judges by been examinеd Appeals the of the Court of Criminal approved by and the Court.
ON MOTIONTO REINSTATETHE APPEAL. g Christian, having perfected, Jud e. The recоrd the been appeal is reinstated and the cаse considered on its merits. According appellаnt’s testimony, being to he was attacked by deceased and two or three others when he fired the fatal shot. charge In the only right the court appel- submitted the of thе against lant to defend himself upon part an attack the of de- Appellant excepted charge ground ceased. to the on the that right he should against hаve been accorded the to defend a joint attorney attack. The state’s before this court concedes that exception the presented. wаs well taken and that error is We agree are constrained to with him. exception
It is shown in appellant bill оf No. 10 that was required testify to cross-examination, objection, on over his that paid fighting shooting he had craps. testimony fines for and This ought received, and, record, not to have been in the state of the receipt its any constitutes reversible error. Neither accused nor the legally impeached by other proof witness can be that he has charged for, with, misdemeanor, beеn arrested or of a convicted turpitude. unless such misdemeanor involves moral Jones v. State, (2d) inquired 13 845.- S. The offеnses about not W. do Again, turpitude. attorney moral the invоlve state’s before this presented. court conсedes that error is judgment is and the remanded.
The reversed cause foregoing opinion Appeals of the Commission of has The Judges Appeals by of examined the of the Court Criminal been by approved the Court. and