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(Download) "Charles Jay Auten v. State Texas" by 319 The Texas Court of Criminal Appeals No. 41 ~ Book PDF Kindle ePub Free

Charles Jay Auten v. State Texas

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eBook details

  • Title: Charles Jay Auten v. State Texas
  • Author : 319 The Texas Court of Criminal Appeals No. 41
  • Release Date : January 05, 1968
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

The offense is attempted burglary with two prior non capital convictions alleged for enhancement: the punishment life. The sole ground of error is based upon the State's cross examination of a defense witness. The State first asked this witness if his address was the county jail to which he answered in the affirmative. He was then asked if he was presently serving 45 years for robbery. This question was also answered in the affirmative. The witness was questioned for sixteen pages and the court stood in recess for noon. When court reconvened appellant moved the court to ""remove from the record"" testimony regarding the robbery conviction of the witness, stating that such conviction was presently on appeal. This request the court declined. Clearly, if we construe this as an objection to the evidence it came too late. Debbs v. State. 398 S.W 2d 557.


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