Jackson v. State, 166 Tex. Crim. 348 (Tex. Crim. App. 1958). · Go Syfert
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Jackson v. State, 166 Tex. Crim. 348 (Tex. Crim. App. 1958). Cases Citing This Book View Copy Cite
22 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: Ballew v. State (texcrimapp, 1982-10-27)
Treatment trajectory · 1961 → 2026 · click a year to view as-of
1961 1993 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see, e.g." Ballew v. State
Tex. Crim. App. · 1982 · signal: see also · confidence low
See also Jackson v. State, 166 Tex.Cr.R. 348 , 314 S.W.2d 97 ; Palacio v. State, 164 Tex.Cr.R. 460 , 301 S.W.2d 166 .
Retrieving the full opinion text from the archive…
Thomas Foster Jackson
v.
State
No. 29,925.
Court of Criminal Appeals of Texas.
Jun 11, 1958.
166 Tex. Crim. 348
Landis & Gregory, by Buddy W. Gregory, Houston, for appellant., Dan Walton, District Attorney, Thomas D. White, Edward Michalek, Assistants District Attorney, Houston, and Leon Douglas, State’s Attorney, Austin, for the state.
Woodley.
Published
WOODLEY, Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, four days in jail and a fine of $75.

Officer Sims testified for the state, refreshing his memory from a writing he had in his hand.

Appellant’s counsel requested that he be permitted to inspect the writing but the trial judge declined his request.

It is well settled that where a witness, while testifying, uses a writing to refresh his recollection, the defendant or his counsel is entitled to inspect the statement for cross-examination purposes. Green v. State, 53 Texas Cr. Rep. 490, 110 S.W. 920; Palacio v. State, 164 Texas Cr. Rep. 460, 301 S.W. 2d 166; McCormick & Ray, Texas Law of Evidence, 2d Ed., p. 449, Sec. 553; 44 Texas Jur., p. 1140, Sec. 144; Branch’s Ann. P.C. 2d Ed. 189, Sec. 182.

The judgment is reversed and the cause remanded.