Harvey v. State

Citations

• 37 Tex. 365

Syllabus

<p>1. In capital cases, a copy of the indictment and a list of the special venire must be furnished to the accused at least one day before he is put upon trial; and, unless he has waived his rights in.these respects, it is error to proceed with the. trial when he has not been furnished with such copy and list.</p> <p>2. It is error to refuse a defendant in a criminal prosecution the privilege of recalling a State’s witness, for the purpose of laying a predicate for the introduction of evidence to prove that he had made 'contradictory state- ■ ments.</p> <p>3. A party does not make a witness his own by merely recalling him for the purpose of cross-examination ; but by propounding questions touching matters not called out in the examination in chief, he makes the witness his own.</p> <p>4. Article 3133 of Paschal’s Digest does not prohibit a party from attacking the testimony of his own witness, in any manner except by proving the bad character of the witness.</p>