Craig v. State
In Craig v. State, 594 S.W.2d 91 (Tex. Crim. App. 1980), appellant argued the trial court erred in refusing to allow him to recall and cross-examine two witnesses. 594 S.W.2d at 95.
After the two witnesses testified on direct examination, appellant announced to the court he had no questions for the witnesses at that time. Id.
Later, appellant tried to recall one of the witnesses to the stand for cross-examination. Id. Objecting, the State argued appellant had waived his right to cross-examination because he failed to question the witness immediately after the State's direct-examination. Id.
Further, the State argued that, because appellant had subpoenaed the witness, it made the witness a defense witness even though the State had placed the witness on the stand, and appellant had no right to recall him. Id.
According to the Court of Criminal Appeals, the trial court, misled by the State's arguments, erred in refusing to allow appellant to recall the witnesses for further cross-examination. Id.
However, no reversible error occurred because there was no bill of exception showing what the witness's testimony would have been on cross-examination. Craig, 594 S.W.2d at 96.