Dixon v. State

Citations

• 15 Tex. Ct. App. 271
• 1883 Tex. Crim. App. LEXIS 102

Syllabus

<p>1. Evidence.—Proof of the General Good Character of an Impeached Witness for Truth is admissible in this State when his testimony has been assailed merely by proof of conflicting statements previously made by him. See the opinion for a discussion of this question, and for a collocation of authorities upon it, pro and con.</p> <p>2. Evidence—Res Gkstjg—Contradicting- Proof.—In a trial for assault with intent to murder, the State was allowed, over objection, to ask a witness for the defense if he and others, after the alleged assault, did not demand of a State’s witness the defendant’s pistol, and was subsequently allowed to introduce proof contradicting the witness’s denial that he had made such a demand. Held, error. This proof bad no relevancy to the res gestes; and, inasmuch as the matter inquired of was collateral to the issue, the answer of the witness was not subject to contradiction by the party putting the question.</p>