Court of Criminal Appeals of Texas
457 S.W.2d 561 (Tex. Crim. App. 1970)
Lawrence (defendant) was charged with felony theft. At trial, during the prosecution’s direct examination of its primary witness, the prosecution asked the witness the following: “Did you buy approximately eleven hundred ninety-nine pounds of metal back at that time?” Lawrence objected to the question as leading. The trial judge sustained the objection and instructed the jury not to consider the question for any purpose. The prosecution then rephrased and asked: “Do you recall how much of this virgin nickel you bought back in July of 1966?” The witness responded that he bought eleven hundred ninety-nine pounds. To this, Lawrence objected again, stating that the prosecution “put words in his mouth and then asked him again.” The trial court overruled this objection. The jury convicted Lawrence. Lawrence appealed.
Rule of Law
Holding and Reasoning (Belcher, J.)
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