Bostick v. State

Citations

• 11 Tex. Ct. App. 126

Syllabus

<p>Evidence — Practice.— The Code of Procedure, article 661, directs that testimony shall be allowed at any time before the argument is concluded, if it appear “'necessary to the due administration of justice.” Within the purview of this provision testimony to discredit a material witness of the adverse party, by proving his conflicting statements, may well become “ necessary to a due administration of justice,” even though it be cumulative; and the fact that it was not offered in its regular order is not a sufficient reason for its exclusion.</p>