116 S.W. 1148 | Tex. Crim. App. | 1909
Appellant was convicted in the County Court of Hill County for violating the local option law, and his punishment assessed at a fine of $25 and twenty days confinement in the county jail.
There is only one question of any merit or moment raised on the appeal, and that relates to a matter occurring on cross-examination of appellant. He denied the sale of liquors as charged. On cross-examination he was asked by the county attorney the following question: "Is it a fact that sometime before this transaction you were arrested here in Hillsboro charged with selling whisky in violation of the prohibition law, and convicted and served your time on the poor farm?" This question and the answer sought to be elicited thereby were objected to because same was immaterial to any issue involved in the cause on trial, threw no light on any issue involved, and did not affect the credibility of the witness, and was prejudicial to the rights of the defendant. These objections were by the court overruled and the witness was required to answer and did answer that it was a fact that he had been arrested, charged and convicted for violating the local option law in Hill County. This question was ruled on in the case of Levine v. State,
Reversed and remanded.