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Lawrence v. State

Court of Criminal Appeals of Texas

457 S.W.2d 561 (Tex. Crim. App. 1970)

Relevant factsFree

At Lawrence's (defendant's) felony theft trial, the prosecution asked its key witness a leading question about the exact amount of metal purchased, which the trial court sustained an objection to and instructed the jury to disregard; the prosecution then rephrased the question to ask non-leadingly what the witness recalled purchasing, and the witness gave the same specific answer, prompting a renewed objection that the prosecution had improperly "put words in his mouth" through the earlier question. The trial court overruled the renewed objection, the jury convicted Lawrence, and he appealed.

IssueFree

Whether, where an objection to a leading question has been sustained, the questioning attorney may ask a similar, non-leading question that achieves the same answer.

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