Defendant was convicted of an assault upon one T. S. Doggett with intent to murder said Doggett. By
This being the state of the evidence, the conviction or acquittal of the defendant depended mainly, if not solely, upon the credibility of the three principal witnesses named. If the jury should give full credit té Shropshire’s testimony, they must necessarily convict. If they should give credit to that of Doggett and Guthrie, they must necessary acquit; or, if they should credit the testimony of Doggett and Guthrie to the extent sufficient to raise in their minds a reasonable doubt of defendant’s guilt, as established by the testimony of Shropshire, they must acquit. It therefore became a matter of vital importance to the defendant that the testimony of Doggett and Guthrie, and particularly of Doggett, he being the alleged injured party, should go before the jury as free as possible from all suspicion, and as plainly marked with the stamp of credibility as circumstances and the law would permit.
Upon cross-examination of the witness Doggett, the proper basis was laid to prove that he had made prior contradictory statements in relation to the alleged assault, directly contradicting the matters testified to by him. These contradictory statements were there fully proved by evidence introduced for that purpose by the State, and the effect of such proof, if not counteracted in some way, would ordinarily be sufficient to discredit entirely the testimony of the witness. To counteract the effect of this impeaching testimony, and to support and give credit to the witness Doggett, the defendant offered several witnesses to prove that they were well acquainted with the general reputation of the witness, in the community in which he lived, for truth and veracity, and that it was good. To this testimony the district attorney objected, and the abjection was sustained by the court, and the defendant excepted.
In our own State the text of Mr. Greenleaf. above quoted, was cited and adopted as the correct rule by our Supreme Court in the case of Burrell v. The State, 18 Texas, 713. In that case the court say: “ When the credit of the witness had been impeached by proof that he had made a statement contrary to what he had testified on the trial, it was competent to admit evidence of his general good character for truth and veracity.” If the evidence is competent and material, it is admissible, and it would be error to reject it when offered in a proper case. We think the Burrell case is conclusive of the question in this State, and that the rule there announced is not only supported by the weight of authority, but is in accordance with reason and justice. In the case before us, the credit of defendant’s principal witness was directly attacked in a manner calculated to seriously damage it, and thereby prejudice the defendant’s case. It would certainly he most unjust to deny the defendant the privilege of removing, if he could, from the minds of the jury the unfavorable opinion as to the credibility of his witness likely to be produced by the impeaching evidence of the State. To prove that the general
Defendant’s witness Guthrie was asked, on cross-examination by the district attorney, if he did not, on the night of the alleged assault, and after it occurred, demand of the State’s witness Shropshire the defendant’s pistol. Guthrie answered that he did not make such demand. The district attorney was then permitted, over the objection of the defendant,, to prove that the witness Guthrie, the defendant and two other parties, after the alleged assault, and, on the same night, met the witness Shropshire, and. drawing their pistols upon him, made him hold up his hands, and demanded of him the defendant’s pistol, which pistol the witness Shropshire did not have, the same having ■been taken from defendant on the occasion of the alleged assault by the witness Doggett.
It is contended, by defendant’s counsel that this testimony was irrelevant to the issue and inadmissible, and that its admission was calculated to injure the defendant. In so far as -regards the issue of defendant’s guilt, we think this testimony was very clearly inadmissible, as it did not tend to throw any light whatever upon the assault alleged to have been committed by defendant upon Doggett. It was no part of the res gestee of that transaction, but was subsequent thereto—was with a different party, and entirely independent of it. If admissible for any purpose, it was for the sole purpose of contradicting and discrediting the witness Guthrie. Was it admissible for this purpose? Mr. Wharton says; “When a witness is cross-examined on a matter collateral to the issue, his answer cannot be subse
Applying the test above stated to the question as presented in this case, we are of the opinion that the matter inquired about on the cross-examination of the witness Guthrie was a matter collateral to the issue in the case, which the State was not entitled to prove as a part of its case; and was not entitled to contradict the answer of the witness in regard thereto. In our opinion the court erred to the injury of the defendant in admitting the testimony concerning the attack made upon the witness Shropshire.
Objections are urged by defendant to the charge of the court, but we think they are not well taken. We can perceive no error in the charge.
Because of the errors we have mentioned, the judgment is reversed and the cause is remanded.
Reversed and remanded.