DocketNumber: 38374
Citation Numbers: 397 S.W.2d 445, 1965 Tex. Crim. App. LEXIS 874
Judges: McDonald, Morrison, Dice
Filed Date: 10/13/1965
Status: Precedential
Modified Date: 10/19/2024
(dissenting).
An issue'was raised during the trial as to what Ranger Riddles’ testimony had been before the Grand Jury. Appellant was furnished excerpts of such testimony which had been selected and prepared by the District Attorney, but his efforts to secure the entire testimony for incorporation into the record as a part of defendant’s bill of exception in order that this Court might determine whether or not he had been injured by being deprived of the same for the purpose of cross examination were foiled by ruling of the trial court. This is exactly the situation described in our opinion on rehearing in Sewell v. State, Tex.Cr.App., 367 S.W.2d 349, and should call for a reversal of this conviction.
I respectfully dissent.