Johnson v. Brown

Citations

• 51 Tex. 65

Syllabus

<p>1. Immaterial testimony.—The rejection of testimony not shown by the record to have been material, is no ground for reversal on appeal.</p> <p>2. Charge of court—Evidence.—It is not error to refuse instructions which are deductions of fact, or ordinary rules of reason proper to be considered by the jury, and whicli are legitimate in argument. Only rules of law to be obeyed should be given.</p> <p>3. Credibility of witnesses—Impeaching witness.—It was not error to refuse to charge the jury that the character of a witness for truth and veracity, put in question by an attempt to impeach him, is referable to the time of the act, and not to the time when the-testimony was given.</p> <p>4. Impeaching a witness—Practice.—Tiiat a witness does not remember having made statements out of court contradictory to his testimony, will not prevent the admission of his contradictory statements.</p> <p>5. Same.—The fact of the witness malting contradictory statements,. and not his recollection of them, is the basis of their introduction.. The preliminary examination is to give opportunity of explanation.</p> <p>G. IMPEACHING witness.—An attempt was made to impeach a witness by proving his contradictory statements. Ilis testimony was supported by testimony to his general good character : Held, Rebutting evidence to the bad character of the witness was properly admitted.</p> <p>7. Same—Bad reputation.—It is error to allow evidence of bad reputation of a witness, based upon the matter under investigation before the court. It was error to allow a subscribing witness to a. will contested on the ground of alleged forgery, to be impeached by the opinion of the community arising from that transaction.</p> <p>8. Impeaching a witness—Practice.—Suggested, that the proper-practice in impeaching a witness by proving his bad reputation should be, that after the impeaching witness hasprima-facie quail-tied himself to speak of the general reputation of the other -witness, (to lie decided by the co