data/train_final.csv

Sentence,Label
During this time appellant was released on bail.,Facts
"Through a glass window in the door of the back room, she observed the appellant return to the front of the store where she ""got a good look at him"" as he hesitated for a brief time, walked to the center of the",Facts
"Though the Government has so far restricted itself to ""the shopowners and business affected by the legislation"", this is of little comfort.",Analysis
The sufficiency of the evidence is not questioned.,Analysis
"She testified that she was in the same grade in school with the complaining witness ; that she was with her at the home of her father, the appellant, at his bicycle shop; that she and her brother and the complainant played ball; that the two girls went to get some snow cones; that she did not see her father, the appellant, put his hands on the complainant, nor did she see him kiss her.",Facts
"He was swinging at everyone.""",Facts
The court stated in that case:,Others
They deliberated from twelve to thirteen hours on the matter of punishment alone.,Facts
"While an accused is allowed great latitude in his voir dire examination of prospective jurors to determine whether a preemptory challenge will be used, there is nothing in the record which shows that the question sought to be propounded to the jurors relative to their participation in athletics had any relevancy to the inquiry; hence no abuse of discretion on the part of the trial court is shown.",Analysis
"Appellant, testifying in his own behalf, denied that he had ever had intercourse with the prosecutrix.",Facts
"Toxicologist Metz testified that an examination of the specimen of appellant's blood showed that it contained .165 percent of alcohol, which, according to standards set by the American Medical Association and the National Safety Council, indicated intoxication.",Facts
"The witness testified that he then proceeded inside the house and found that a gun case in the den had been broken open and ""there were marks on the wood where it had been pried open with some object.""",Facts
E. Bailey did communicate that information to the officer.’ ”,Facts
The evidence shows that two officers saw appellant driving on a freeway in Harris County and followed him.,Facts
The motions were heard by Judge John P. Raker and decision was reserved.,Facts
"The state's evidence shows that the prosecuting witness, Dennis Osborn, lived with his family at 5913 Stones Throw in the City of Houston.",Facts
"And, based on this experience on the police force, and based on your observation of the defendant, Willie Lee Bur-rage, on the 12th day of November, 1960, about 12:30 A.M., did you form an opinion as to whether or not the Defendant was intoxicated or under the influence of intoxicating liquor?",Others
"The offense is the sale of whisky in a dry area; the punishment, 45 days in jail and a fine or $550.00.",Facts
"In any event, the judgment appearing in the transcript is not a judgment of conviction from which an appeal may be taken to this court.",Analysis
"Under the statute, the attempt to procure may be",Others
"The cases were set for trial October 10, 1960, but they were passed.",Facts
"All proceedings appear to be regular, and nothing is presented for review.",Conclusion
"The conviction is for felony theft of an automobile; the punishment, 2 years.",Facts
He left and was gone about an hour.,Facts
"The State's proof shows that appellant, as an officer of the company, used the mohair in question for a purpose not authorized by Gee, the owner, in his consignment to the company and is sufficient to sustain appellant's conviction under the statute for embezzlement of the mohair as charged in the indictment.",Analysis
"In the instant proceeding, appellant attempts to appeal from the order of the county court refusing to permit the filing of an amended bond and to reinstate the appeal.",Facts
"The conviction is under Art. 725b, V.A.P.C., as a second offender, for the unlawful possession of a narcotic drug; the punishment, twenty years in the penitentiary.",Facts
They do not disclose that the conviction was for assault with intent to murder with malice or that the offense was committed by laying in wait.,Facts
The voluminous record containing a statement of facts of 615 pages shows a merciless killing of the deceased.,Facts
"The facts further reveal that in addition to the prosecutrix and the appellant, four other boys ""” Gerardo Ramirez Cantu, Daniel Ramerez, Florencio Garcia, and Johnny Hernandez ""” went inside.",Facts
"On January 24, when the appellant refused to stop the car when signaled to do so by the police in Fort Worth, and ran a road block, they shot at and were pursuing him in the car at more than 100 miles per hour when he wrecked it.",Facts
"Officer Ferris testified that when he arrived, he saw the appellant in a house next door to the cafe and saw him place something beside a door which upon recovery was shown to be a .22 pistol containing six live and three spent cartridges.",Facts
ON appellant's motion for rehearing,Others
"The witness replied: ""No.""",Facts
"The appellant did not testify but called one witness, Mabel Elizabeth Wells.",Facts
"In view of these circumstances, no error is shown by the admission of Kitching's testimony.",Analysis
"Following this occurrence the attorney for the appellant moved for a mistrial, which motion the court overruled.",Facts
It is next contended that the proof merely shows an extension of credit by the injured party to the Lewter Feed Lots Company in the sale of the tires and tube to appellant and therefore does not constitute theft.,Issue
Testimony read into the record without objection is tantamount to the introduction of the documents from which the testimony was taken.,Analysis
"On cross-examination, Patrolman Vinyard testified, also without objection, that he was not able to say that the five miles an hour in excess of the fifty-five miles per hour legal speed limit at nightime was the cause of the accident.",Facts
"It was identified by the report attached thereto which contained information corresponding with the other hospital records, of which it became a part, as blood of Jesse E. Ray.",Facts
We didn't fool with the locked safe.,Facts
"Farris and Andrus, after helping Mrs. Jackson start her car, followed in their car down the road to a drive-in where both cars stopped.",Facts
"They later saw their victim's automobile in front of the Vine Street store; they parked in a side street, and she entered the store alone, asked their victim if he had ""the stuff"" for her, and when he replied that he had some she ""threw down on him"" with her pistol.",Facts
"The evidence is sufficient to support the conviction and no error appearing, the judgment is affirmed.",Conclusion
"The record reflects that when the stipulation was made, Officer Jarke was absent from the court because of his duties in civil defense activities during the Storm Carla on the Texas Coast.",Facts
How many times did he do that way with his fingers?,Others
"616, 51 S.W. 2d 715, relied upon by appellant, the statute held to be void was Art. 1426a enacted in 1929 (Acts 41st Legislature p. 62) providing a punishment for the fraudulent taking of cotton or cotton seed, or both, of the value of less than $50, the punishment being different from that for theft of property under Art. 1422 P.C. Judge Morrow, speaking for the Court in Musick's case, supra, stated:",Facts
The officers unloaded “all that stuff” and filed on appellant for transporting wine.,Facts
"In the absence of a statement of facts, nothing is presented for review.",Rule/Law/Holding
"He stated that he observed a number of open beer bottles on the floorboard of appellant's automobile, that appellant had blood on his face, and, from his observation of appellant, expressed the opinion that he was intoxicated.",Facts
"Patrolman Johnson, Tidwell’s partner, corroborated his testimony.",Facts
"The parties then drove on a short distance, and the deceased stopped his car and Mrs. Jackson drove up behind him and stopped.",Facts
"All right, by looking at that can you tell what section of the vagrancy statute the case was filed under?",Others
Appellant further urges error on the ground that the confession was not formally introduced in evidence.,Issue
"This witness further related that appellant brought some shotgun shells and cigarettes to his place of business some time during August, 1961.",Facts
"Appellant's sole contention on appeal is that the evidence is insufficient to support the conviction in that it does not establish that the accident occurred in Harris County, Texas, and does not establish that appellant was the driver of the automobile.",Issue
He then charged on provoking the difficulty.,Facts
"We have examined the charge, however, in light of the objections and find no error which, had exception been properly reserved, would warrant reversal.",Conclusion
"The court submitted to the jury the question as to whether appellant, after being duly warned, voluntarily and freely made and signed the written confession introduced in evidence by the state.",Facts
"Such extrajudicial confession and admissions, standing alone, are not sufficient proof of the corpus delicti.",Analysis
The disposition of this case on appeal is made solely on the basis of a plea of not guilty.,Facts
"The officer testified that ""She was very much intoxicated,"" and that he arrested her.",Facts
"This was clearly inadmissible, and the court erred in failing to respond to appellant's motion to withdraw the same from the jury's consideration.",Analysis
Appellant adduced further testimony showing that nothing unusual transpired in the bicycle shop between him and the young complaining witness.,Facts
"""We think the basis of this complaint is the failure to state all of appellant's grounds of defense rather than a fact of silence when charged with such offense.""",Analysis
"The prosecuting witness, McBirnie, testified that when he sold the tires and tube to appellant and his companions he believed the representations made by them that they had a load of cattle out on the highway and believed that they had the right to use the credit card and had he not so believed he would not have sold the tires and tube to them.",Facts
He raises this contention by formal and informal bills of exception.,Facts
"Aside from the confession of the appellant we find no evidence that he or any other person had sexual intercourse with the 14 year old girl at the time or the place described in the appellant's confession or ""on or about"" the date alleged in the indictment, or at any other time within the period of limitation which is one year prior to the return of the indictment.",Analysis
The officers expressed the opinion that appellant was “very intoxicated.”,Facts
"The state's testimony shows that on the date alleged, the appellant was hunting deer from a stand on a 10-acre tract of land which was inside the enclosure of a 4,000-acre tract of land known as the Lower Muerta pasture.",Facts
I put it in my billfold and then put my billfold in my overnight case.,Facts
The punishment was the same as imposed in this case.,Facts
"Under this statute, as well as under the ordinance in question, the maximum punishment which may be meted out to a peddler who enters the premises of another and refuses to leave, after being notified or ordered to do so by one in lawful occupancy of said premises, is a fine of $25.00; whereas the ordinance provides that ""any other person"" (one who is not a peddler, salesman or solicitor) may be fined $200.00 for the same act and failure.",Rule/Law/Holding
"The offense is passing as true a forged instrument, with three prior convictions for felonies alleged for enhancement; the punishment, life.",Facts
She laid down on the bed * * * but she did not try to push me off or put up any type of struggle.”,Facts
"We need not pass upon the question as to whether the court erred in discharging the jury in the prior case, as the use of the two prior convictions in that case which resulted in a mistrial did not prevent their use in the present case for the purpose of enhancement of the punishment.",Analysis
Proof of such an act is sufficient to sustain the conviction.,Conclusion
"Appellant was present at the commission of the offense in the sense that “present” is used in Article 66 and 69, V.A.P.C., and we find the evidence sufficient to sustain the conviction.",Analysis
"Officer Means, of the Pasadena Police Department, received a description of the automobile and, some 30 minutes later, found it parked in Pasadena.",Facts
"The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.00.",Conclusion
He stands convicted for failing to do that which others present with means at hand considered not necessary or proper.,Facts
"The charge given by the court, under the evidence presented, was sufficient; hence no error is shown.",Conclusion
It is concluded that there was a substantial compliance with the requirement that the name of the principal be called distinctly at the court house door.,Conclusion
"The case was called for trial on August 29, 1961.",Facts
"Appellant excepted to the order of the trial court and gave notice of appeal to this court and sought to enter a recognizance, presenting two citizens of Bowie County alleged by him to be well qualified as sureties and who sought to make a recognizance for him.",Facts
Filer: What is that disability is the next question.,Issue
"E. Storey, brother of Ruth Storey's deceased husband, recognized the pistol when the witness Honyea was offering to sell it at the Tiny To-Tem store run by Bob Cummings four days later.",Facts
"If under the facts such testimony was not admissible as bearing upon the issue of self defense, appellant is in no position to complain because like evidence was offered without objection.",Analysis
There are no formal bills of exception or objections to the court's charge.,Facts
"While it is true that when the State introduces a confession containing exculpatory statements it is ordinarily incumbent upon the court to instruct the jury that the exculpatory statements are to be regarded as true unless disproved, this is not the rule where the accused testifies before the jury in accordance with such exculpatory statements, and his defensive theory is fairly submitted to the jury.",Rule/Law/Holding
"The appellant's written statement made May 22, 1961, and introduced in evidence by the state, recites in part:",Facts
"Filer: Well, Your Honor, I think the State can show what the outcome of the broken leg is.",Others
Appellant subpoenaed no witnesses.,Facts
"City of Farmersville, 67 S.W. 2d 235 (differentiated by the Supreme Court of this State in Ex Parte Jimenez, supra), wherein the caption failed to mention an important change in the law, the Supreme Court held that the caption of the Act in the power company case was misleading in that it affirmatively suggested that the Act did not contain the provision in question.",Rule/Law/Holding
No other negligent act or omission on the part of appellant is shown save excessive speed.”,Facts
An examination of the record reveals that no objection was lodged by appellant which would raise the question of legality of the arrest.,Facts
The trial was to the court without a jury.,Facts
He wouldn'tlet me look at him.,Facts
"""Indeed, the authorities teach that an instrument, without any drawee named, is the subject of forgery, and it need not be shown in the indictment by explanatory averments on whom it was intended that the instrument was drawn.""",Facts
"It was during this time that appellant, in conversation with the officer, made the incriminating statement to him.",Facts
"""Where the instrument alleged to be forged is set out in the indictment according to its tenor the writing offered in evidence must conform thereto with almost minute precision.",Analysis
He stated that when he placed the unit in the hallway it required the help of another man to lift it.,Facts
That section expressly states that the Government Claims Fund will not be used to pay for claims against GMH.,Rule/Law/Holding
“The homicide must be the consequence of the act done or attempted to be done.”,Rule/Law/Holding
"The jury resolved the disputed issue of intoxication against appellant, and we find the evidence sufficient to support their verdict.",Analysis
His principal contention on appeal is that penetration was not shown except by his confession.,Issue
Appellant's first four claims for reversal relate to the testimony of Police Officer Johnnie Perdue and are presented as informal bills of exception 1 to 4 inclusive.,Facts
Other grounds urged by appellant in his motion for rehearing were not presented in his brief on file herein upon the original hearing and are overruled.,Conclusion
Appellant fled the scene prior to the arrival of the ambulance.,Facts
We find no merit in appellant's contention that the evidence is insufficient to show that she possessed the capsules of heroin because the testimony showed that she only had them in her possession for approximately 25 seconds before delivering them to the state's witness.,Conclusion
"The third cause of action is against defendant Taijeron for negligent supervision and claims $400,000 in damages.",Facts
"They were met by appellant's wife, coming around the house with a small child.",Facts
"Had the new Rules of Appellate Procedure been in effect during the pendency of this appeal, sanctions against the responsible attorneys would have been appropriate.",Analysis
"The Legislature, in enacting Art. 1404b providing a punishment for the entry by breaking of a vehicle for the purpose of committing a felony or misdemeanor, made such statute a part of said Chapter 6, Title 17 of the Penal Code, in the following language:",Rule/Law/Holding
"Finding no reversible error, the judgment is affirmed.",Conclusion
The information was received by them in the city of Brownsville during the afternoon.,Facts
"Upon such verdict, judgment was entered finding appellant ""guilty of the offense of Unlawfully with lascivious intent, intentionally place his hands and the fingers of his hands upon and against the sexual parts of a female person under the age of fourteen years, a felony, as found by the jury"".",Conclusion
"Defendant was represented by Assistant Attorney General Roger Willmeth, the plaintiff was represented by Timothy Stewart.",Facts
This matter came before the Court on defendant's summary judgment motion and motion to dismiss.,Facts
When appellant's counsel made his request the lists were in the hands of the clerk but had not been brought into the courtroom or compared.,Facts
"The conviction is under Art. 1295, V.A.P.C., for sending an anonymous letter; the punishment, one month in jail and a fine of $250.",Rule/Law/Holding
"The record shows that counsel for the defendant made his request before the list of jurors chosen had been prepared by the clerk and, according to said counsel’s affidavit, “before either defendant or affiant had seen the list furnished said clerk by counsel for the State, and not knowing what if any strikes the State had made thereon.”",Facts
On direct examination the injured party testified that the appellant received 2 rings and $7 cash for the $17 check and on cross-examination he stated in effect that appellant received $5.,Facts
Appellant did not pass the test and there is no showing of bad faith on the part of the officer.,Facts
"The offense is fondling the sexual parts of a female under the age of fourteen years; the punishment, two years' confinement in the penitentiary.",Conclusion
They testified that they did not give anyone their consent to take the calf.,Facts
He stated that he did not know Jerry Fields was going to sign the name James Cook to the,Facts
"Not again seeing Nick, she started running downstairs but was pushed back.",Facts
The testimony complained of was not improper as forcing the appellant to give evidence against himself.,Conclusion
"A supplemental transcript showing that recognizance was in fact entered after notice of appeal was given has been filed, and our prior opinion dismissing this appeal is withdrawn.",Facts
"Deputy District Clerk Keegan testified that the name of the principal was called distinctly three times outside the court room door, but that he did not know if it was called at the main door of the court house.",Facts
The other allegation which appellant admitted was that he had paid no part of his court costs as instructed by the court.,Facts
Then appellant ordered her into a room in the back.,Facts
"Appellant next insists that State's counsel committed reversible error in his jury argument when he stated: ""While we are talking about George Sullivan, there was no objection to this statement and it was introduced in evidence but we proved that George Sullivan made a second statement * * *"" Appellant insists that such remark presents reversible error notwithstanding the court's instruction to the jury not to consider such statement because it was not shown that Sullivan made a second statement.",Facts
"She replied that she did not think so as she ""had seen one of them twice that robbed us twice"".",Facts
"While the chemist testified that he could not swear that the substance was manufactured by the Eli Lilly Company, he testified positively that it was of the same",Facts
We think there is no semblance or analogy between the authorities cited by appellant and this case.,Analysis
"And, what was the condition of them at that time?",Others
"The trial judge sustained appellant’s objection and instructed the jury to disregard such remarks, but overruled appellant’s motion for mistrial.",Facts
Do you think that he only put his private parts into you just a little way?,Others
This court's jurisdiction in appeals in causes originating in the corporation court is limited to convictions where the fine assessed in the county court exceeds $100.,Analysis
The proceedings appear to be otherwise regular and we find no error.,Conclusion
The record contains no formal bills of exception or objection to the court's charge.,Facts
"But in Kauss summary judgment was granted where a plaintiff filed a claim for intentional acts, and later a complaint for negligence.",Facts
When she got the whisky I pulled the gun on her and told her to put the money in the sack and forget about the whisky.,Facts
The undisputed testimony reflects that appellant was driving a pickup truck in the city of Abilene and hit a center island in the street.,Facts
We didn't know one way or the other.,Facts
"Objection was made that the court, in Paragraph 4, commented on the weight of the evidence.",Facts
The fact that the witness further testified on cross-examination that the statements referred to were not made in the presence of the appellant did not render the answer inadmissible.,Analysis
Sergeant Holcomb was contacted and an intoximeter test numbered 443 was taken with appellant’s consent.,Facts
"The next complaint is that in Paragraph 1 the court instructed the jury that the slightest penetration of the body of the female by the sexual organ of the male is sufficient ""for proof of rape by force"".",Issue
"The testimony of witnesses for the state and for appellant reflects that Deputy Sheriff Williams and Everett were patrolling the Van highway beyond the “Loop” from the city of Tyler when they observed appellant, accompanied by a man by the name of J. W. Lacy, driving a pickup truck and entering the highway from a farm-to-market road “that comes off the Mineola and Van highway.”",Facts
"Highway patrolman Tidwell testified that he went to the scene and found that an automobile had turned over “more than one time” and that he then went to the hospital, where he saw appellant.",Facts
"This matter comes before the Court on Plaintiffs' motion for reconsideration filed July 14, 1978.",Facts
"Proof was offered that an analysis made by a chemist showed that each of the capsules contained heroin, four of the tablets contained dilaudid, and ten tablets contained amidone.",Facts
"In disposing of the last contention made by appellant, being that the wine was found as a result of an unauthorized search, we think that the officers had probable cause to search appellant’s pickup truck.",Analysis
"The record clearly reflects that the statement was made by appellant after his arrest, in conversation with the arresting officer while he was being taken to jail from the scene of the arrest.",Analysis
It’s not like — a murder without malice case where you can give him a suspended sentence# You’ve got to put him in jail and you’ve got to destroy him.,Analysis
"Two points of error are presented, both complaining of the admission of evidence to the effect that appellant was taken by the officers to the stash and while under arrest he said that some of the beer was his.",Issue
"Neither of them, however, saw appellant after 6:30 P.M., and his arrest took place sometime after 9:00 P.M.",Facts
"The jury resolved the fact issues against appellant, and the evidence is sufficient to sustain the conviction.",Conclusion
"The Court fears, however, that this procedure would not necessarily solve defendant's problem.",Analysis
"381, 271 S.W. 2d 663, in passing upon the question of jury misconduct directly growing out of the receipt of other testimony after retirement of the jury, it was held that this court's primary concern was to determine whether or not the information received by the jury was untrue or was harmful to the appellant.",Rule/Law/Holding
"Darden Sr. testified ""I saw he was staggering ""” he was pretty tight.""",Facts
We took all the narcotics we could find.,Facts
There is no showing in this record as to what information was contained in the memorandum or that it in any way conflicted with the testimony the witness had given.,Facts
"It was stipulated that the area was dry, and by evidence and stipulation the two previous convictions of appellant upon pleas of guilty to the possession of whisky in a dry area for the purpose of sale were established.",Facts
"Trial of this cause was had August 22, 1961.",Facts
"The testimony shows that the wine was placed in the custody of the district attorney at the courthouse and properly labeled at the time, by written identification on the cases, and that the bottles were those found at the scene.",Facts
"I don't recall just exactly how she looked, to be exact.",Facts
"The conviction is for felony theft; the punishment, confinement in the penitentiary for two years.",Facts
"Is that where you mean; your private place down there, is that where you mean?",Facts
The record shows that appellant's previous conviction for the unlawful possession of a barbiturate was proved as well as stipulated.,Facts
"The indictment alleged the fraudulent taking of an automobile of a value in excess of $50, from the possession of the owner, without his consent, with the intent to deprive the owner of its value and to appropriate it to his own use and benefit.",Facts
This complaint presents no reversible error.,Conclusion
He admitted prior convictions for forgery.,Facts
"The appellant did not testify but recalled the state's witness Grace Box who testified that shortly after the robbery she ""picked out a man"" in á police line-up, and that he was not the appellant.",Facts
"The Mays case was reversed because a juror said that appellant would have to serve one year and three months on a five-year sentence, when, actually, he would have to serve one year and eight months ""”which was a longer period than that stated by the juror.",Facts
"The evidence was undisputed that on the date alleged, the appellant, while driving his automobile upon a public street and highway in Harris County, was involved in a collision with two other automobiles.",Facts
"For such reason, the information in the instant case is insufficient.",Conclusion
The court instructed the jury in his charge on the law of both murder with and without malice and charged the jury on the appellant's right of self defense against a deadly attack.,Facts
"Appellant did not testify in his own behalf, but called his wife, who testified that they had come from Dallas to Grand Saline for a visit on the day in question and that when she last saw appellant that night she “wouldn’t say that he had been drinking or that he had,” that she didn’t know, but that she knew “he wasn’t drunk.”",Facts
"The Constitution (Article VI, Section 38) provides that an indictment shall conclude with the words ""˜against the peace and dignity of the State'.",Rule/Law/Holding
"Claims against the Commercial Port, and the Public Utility Agency, Guam Power Authority, Guam Economic Development Authority, Guam Telephone Authority, Guam International Airport Authority, Gaming Commission, Guam Transit Authority and Guam Memorial Hospital Authority, however, shall be paid only out of the funds of those agencies.""",Conclusion
Appellant insists that the court committed reversible error in permitting the state's witness to testify that on prior occasions he had purchased heroin from her over the objection that such was proof of extraneous offenses.,Issue
"When this cause was called for trial, the appellant appeared in person.",Facts
"The record before us reveals that appellant was on May 8, 1959, found guilty of felony theft and sentenced to five years; the execution of such sentence was probated upon condition that he would not violate the laws of this state.",Facts
He further contends that the issue of his guilt was submitted to the jury upon two separate factual theories; that the jury returned a general verdict of guilty; and that there was no way of ascertaining upon which one of the two theories the jury found him guilty.,Issue
The judgment nisi recites that the name of the principal was called distinctly at the door of the court house.,Facts
This violation authorized the arrest of the appellant and the search of his car was legal as it was incident to his arrest.,Analysis
"342, 58 S.W. 2d 1099, are to be construed as contrary to the result here reached, I would overrule the same.",Analysis
"Statutory rape is the offense; the punishment, twenty-five years in the penitentiary.",Facts
The court instructed the jury to acquit for the felony offense if they had a reasonable doubt as to appellant having appeared before the court to enter a plea in the prior misdemeanor convic,Facts
"While appellant was engaged in other matters, Betty went to the bar, where she and Hartwell were drinking and talking when, unfortunately for all concerned, Mrs. Hartwell, who was out looking for her missing husband, entered the bar and observed what was transpiring.",Facts
"Honyea testified that he obtained the pistol and another one, an automatic, from appellant; that he loaned appellant $15.",Facts
"He testified further that in order to gain access to the hallway in question it was necessary to open a screen door, which would have required some force, and that he gave no one permission to enter and move the unit.",Facts
Appellant was thereafter in custody of the officer for an hour at the scene of the collision.,Facts
Appellant's remaining claims of error relate to the court's refusal to give special requested charges.,Facts
"Appellant was seen to drop a small paper bag out of the car window which burst open, allowing its contents to scatter.",Facts
The offense is made a misdemeanor punishable by confinement not to exceed two years in jail.,Rule/Law/Holding
The testimony reflected no prior confinement in jail.,Facts
"Under the record, we find no error in the admission of such evidence.",Conclusion
The court submitted the issue of appellant's guilt to the jury upon the State's theory of theft by false pretext and instructed the jury on the law of principals.,Facts
* * * When I came upon the scene and pulled my car off the road and stopped and looked over * * * the accident he (appellant) was standing right there.,Facts
Relator further alleges that the charges in the indictment were false and known to the prosecution to be false and that such fact was suppressed from the grand jury and the court by the district attorney.,Facts
"We do not disagree with the results reached by this court in either Toombs or Thurman, supra.",Analysis
"The beer introduced as exhibits is described in the statement of facts as ""being two (2) cartons of canned beer containing two and one half (2%) cases.""",Facts
"The evidence is sufficient to support the conviction and no reversible error appearing, the judgment is affirmed.",Conclusion
"She testified that she had intercourse with someone, but denied that her father was the first one, or that he ever had sexual intercourse with her.",Facts
"This is an appeal by Jimmy Martin, surety on the habeas corpus bond of Charles Henry Glover, from the final judgment of the County Criminal Court No. 3 of Dallas County.",Facts
An examination of the record reflects that when appellant objected to the testimony the evidence did show that he was under arrest when such statement was made.,Facts
"The conviction is for negligent homicide in the first degree; the punishment, nine months in jail.",Facts
"A re-examination of the evidence shows, in addition to the facts set out in our original opinion, that the appellant owned the property where the barbecue and beer were sold, but that he had rented it to another person who was operating it.",Facts
She testified further that after the shooting everyone fled the cafe and left her lying on the floor until the deputy sheriff arrived some thirty minutes later.,Facts
"No exceptions to the court's rulings in this regard are shown in the record, hence these claims of error are not before this Court for review.",Analysis
"Where the state relies upon negligence, the extent of the injuries is admissible under the above rule and also as tending to shed light on the force of the collision, the speed of the automobile the accused was driving, and the manner of its operation.",Analysis
The issue of appellant's guilt was submitted to the jury upon a charge on the law of principals and circumstantial evidence.,Facts
"This was denied by Hart-well, his wife, and Mrs. Venable, the only other person in the automobile.",Facts
"that he told his wife ""we would just sit in the car until the ambulance came.""",Facts
The evidence shows that appellant shot the injured party who was her husband.,Facts
An examination of the deceased's body by a physician revealed three gun shot wounds; two in the right abdomen and the third in the left buttock which entered from the back.,Facts
"The trial court properly overruled appellant's request that the evidence relating to the search be discarded because he was under arrest and, therefore, incapable of giving his permission for a search of his home.",Facts
Appellant's motion for rehearing is overruled by the majority of the court without written opinion.,Conclusion
"After this, appellant asked him if he would like to get in the back seat and take his place, which he did, had an act of intercourse with prosecutrix, and was followed by appellant who got on top of her again.",Facts
"In enacting the article under which appellant was tried, the 56th Legislature did nothing more than carry out its purpose as announced in the caption of the act.",Analysis
At the outset appellant is confronted with the holdings of this Court that one may not urge discrimination in the selection of a jury against a class of which he is not a member.,Analysis
"The offense is driving while intoxicated; the punishment, 45 days in jail and a fine of $200.00.",Facts
"The sun was shining at the time, and the weather was fairly warm.",Facts
The prior misdemeanor conviction of appellant for driving while intoxicated was stipulated.,Facts
"The motion for new trial alleged that the juror ""was permitted to sit at a table with the matron in charge and two other persons, and there visited and carried on a conversation with said persons.""",Facts
After doing this awhile I got toy Polaroid camera and I took a picture of their privates.,Facts
"While the two were talking, appellant forced his way into the apartment, through the front door, fired two shots and then fled.",Facts
"Filer: Your Honor, I think it is material.",Others
Does this violate his freedom of expression?,Issue
"Mata testified that he heard a noise and then saw appellant with a pistol in his hand, that he disarmed appellant and later the man who assisted him turned the pistol over to Officer Williams.",Facts
Our former opinion is withdrawn.,Conclusion
It is a rule of statutory construction that if a proper disposition of the case can be made without considering a constitutional issue the courts will not pass upon the constitutionality of a statute.,Rule/Law/Holding
We find the evidence sufficient to sustain the conviction and do not deem it necessary to set out the testimony corroborating the testimony of the prosecutrix.,Analysis
"The state's evidence shows that on the date alleged in the indictment the state's witness, Everett Armstrong, while working undercover in the capacity of special employee for a Federal Narcotic Agent, went to the appellant's apartment in the city of Houston.",Facts
We have diligently reviewed the record.,Others
They were arrested before leaving Big Spring.,Facts
"When he got inside the trailer house, the appellant had a butcher knife in his hand and was trying to stab his father, whom he had down on the bed, and his father's hand was bleeding.",Facts
The attempted cumulation is ineffective in that the designation of the Harris County court is absent.,Analysis
"He went on up the road a short distance to a point where he picked up two more officers, and they returned immediately and entered upon appellant's property.",Facts
"R. 504, 335 S. W. 2d 612, similar proof was held sufficient to sustain a conviction for theft by false pretext.",Rule/Law/Holding
"He admits being at the service station, as the officers testified, but says he was having trouble with his car and stopped there because it needed water, and that they intended to stop at another place when the officers stopped them.",Facts
"He had threatened you many times, had he not?",Others
"It provides in part that where by the argument complained of some new fact is thereby injected into the case the trial court, by qualification or otherwise, may require the bill of exception to reflect any reason whereby the argument complained of would not be error.",Rule/Law/Holding
Appellant was convicted of the offense of assault with intent to murder without malice and his punishment was assessed at two years.,Facts
Opinion approved by the Court.,Others
"It is contended that the court erred in permitting the state to prove the use of firearms by the appellant during the robbery, on the ground that the state had dismissed that portion of the indictment.",Issue
The question is not before this Court for review.,Others
The argument of the prosecutor in this case was merely that the life of the fetus had been destroyed.,Facts
"In order to show the act of intercourse, as alleged, the state relies upon appellant's written confession made to the state's attorney, the testimony of the appellant before the grand jury, and his admissions to the county welfare worker.",Facts
The testimony of the state sufficiently shows that the appellant was guilty as charged.,Analysis
"In the same bill of exception, appellant raised another proposition or contention, maintaining that the trial court materially erred in charging the jury upon the law of principals.",Issue
"Appellant's confession, introduced in evidence without objection, recites the full events of the evening, including the statement ""* * * I got on top of her (prosecutrix) and had intercourse with her for about 15 or 20 minutes but did not reach a climax.""",Facts
"You are not saying that you didn't do wrong, you are just saying that you didn't get caught?",Others
"Not having been approved as required by law, the statement of facts here is not subject to consideration by this Court.",Analysis
"By Informal Bill of Exception No. V, appellant complains of the court’s action in permitting the prosecutrix’ husband to testify as to what his wife related to him, at the neighbor’s house on the night in question, concerning the attack upon her over appellant’s objection that such was hearsay and not a part of the res gestae.",Rule/Law/Holding
After a brief time they apprehended the appellant as he was leaving and with him they entered the house and searched it.,Facts
Appellant relies upon the decisions by this Court which hold that in prosecutions of this nature it is the court's duty to instruct the jury as to the causal connection between the accused's intoxication and death of the deceased necessary to convict.,Analysis
"Upon the granting of a severance, appellant was separately tried and convicted and his punishment assessed at confinement in the penitentiary for two years.",Facts
He points out that Jerry admitted on cross-examination that he merely saw appellant on top of prosecutrix and did not witness any actual penetration.,Facts
"We are unable to agree with the State that no reversible error is presented because at the time appellant objected to the testimony it was not shown that he was under arrest when the statement was made and when it was later shown that he was under arrest, appellant did not move the court to withdraw the testimony.",Analysis
"She stated that at such time she was scared and that, after the man left the house, she saw a 1955 blue and white Chevrolet automobile with a mirror on the fender and “loud tail pipes” drive out of the driveway.",Facts
"In proof of the two prior convictions, the state offered in evidence certain official court records and certain authenticated records of the Texas Prison System.",Facts
"These were the same boys, she stated, whom she had previously named as being with her on the steps and preventing her from going back downstairs, and that appellant was present.",Facts
She asked appellant if her bicycle was ready and he told her it was.,Facts
"The trial court had the right to disbelieve the testimony of appellant and his witness, and his order indicates that he did.",Analysis
"The state's testimony shows that the prosecuting witness,",Facts
No reversible error is shown.,Others
We first overrule appellant's contention that the evidence is insufficient to sustain the conviction.,Conclusion
All payments under this Act shall be made from the Government Claims Fund.,Rule/Law/Holding
Treasury Department showed that they contained heroin.,Facts
When he was arrested the appellant had eleven live rounds of .22 caliber ammunition in his pocket.,Facts
Appellant did not testify or offer any evidence in his own behalf.,Facts
"Defendant Guam Memorial Hospital, (GMH), filed its motion for summary judgment on May 26, 1978 asserting the applicability of the Government Claims Act (GC Sections 6500 et seq.) to suits against GMH.",Facts
The state does not here seek an affirmance.,Others
The proof shows that after the collision the two automobiles left the ground and came to rest on top of a 5% ft. embankment with the front of the appellant's automobile embedded over % way into the right side of the Chevrolet.,Facts
Witnesses were called by appellant who testified that they had observed appellant during the afternoon and expressed their opinions that at such time he was sober.,Facts
"At the trial, appellant objected to the admission of the evidence showing the search and the results thereof for the reason that the search warrant was void.",Facts
"The box, when recovered by the officers, was found to be a case of Thunderbird Wine which the prosecuting witness identified by certain serial numbers thereon as the case of wine missing from his store.",Facts
"Appellant insists that the court erred in permitting the state to introduce, as original evidence, proof that he had committed the extraneous offense of fondling upon the prosecuting witness in Lufkin prior to March 1958, when the alleged act of sodomy occurred.",Issue
A prior death penalty conviction against this appellant was reversed because of certain jury misconduct and procedural errors.,Facts
The proper action for the County Court to have taken would be to have entered an order forfeiting relator's bond.,Analysis
This is an appeal from the order entered in a habeas corpus proceeding.,Others
"""James Lyles and myself left Houston about 10:00 P.M. on Friday, October 9, 1959, and from a drugstore located at Navigation and Wayside.",Facts
It is insisted that the judgment nisi is invalid because the name of principal was not called distinctly at the court house door before the forfeiture of the recognizance.,Issue
"Plaintiff was represented by David Dooley, and defendant was represented by Davor Pevec and Thomas Himrod.",Facts
"We hold that where, as here, no facts are alleged in the complaint which, if true, constitute an offense, and no facts are alleged which show that offense was meant to be charged, a final conviction under such complaint is void and may be attacked by habeas corpus.",Conclusion
Similar proof was made in the instant case.,Others
The dismissal of the firearm allegation only affects the punishment that may be assessed.,Analysis
"The four were traveling in appellant's automobile and when they arrived, the appellant, Trussed and Ward went inside and Smith remained outside at the car.",Facts
In neither picture is there visible any blood or anything of an inflammatory nature.,Facts
"He related the events about the children eating the snow cones, playing ball, and turning the forge or the blower, and his father fixing the complainant's bicycle, and the witness stated that she rode off on it to go home.",Facts
"He testified that he waited some five minutes and proceeded in the same direction, that when he entered the cafe he found appellant seated in a booth with two other men, that he joined them and appellant asked him if he was ""looking for some stuff,"" and that he replied in the affirmative.",Facts
"The beer I put in the coke box was for my own personal use.""",Facts
“I asked her to have intercourse with me and she said she was afraid her husband would come in.,Facts
The trial court did not err in admitting this evidence.,Conclusion
The husband worked at night at a local service station.,Facts
"All right, the judgment shows a conviction for what offense?""",Others
"Appellant testified that he was some two miles away when he heard the statement of Mrs. Fryer, after which he ""heard rumbling in the house and I heard voices and I couldn't very well make out what they were.""",Facts
"When Mrs. Box was being questioned about her observation of the men in the lineup, she was asked by appellant's counsel if the police wanted to make sure she could identify the two men.",Facts
"Seven of the jurors who served in the case testified upon the hearing of the motion, six of them being witnesses for the appellant and one being a witness for the state.",Facts
Her contention is that she could not be successfully prose,Facts
The Court has a duty to uphold Constitutional rights and to take a staunch position to protect them at the earliest opportunity so as to allow the legislature to correct any deficiencies by narrowly redrafting a statute restricting any such right.,Rule/Law/Holding
The legislature has made the determination that it will make it possible to proceed against the territory rather than the employee on negligence claims.,Analysis
The record contains no formal bills of exception or objections to the court's charge and no brief has been filed on behalf of appellant.,Facts
"Finding the evidence sufficient to support the conviction and no reversible error appearing, the judgment of the trial court is affirmed.",Conclusion
In view of our disposition of the case a summary of the facts is unnecessary.,Analysis
"At this juncture, appellant sought to cross-examine counsel for the State on the grounds that the asking of the above question constituted an assertion of fact.",Facts
"In the case at bar the state's witness did express the opinion that appellant was intoxicated, and the appellant had no witness to corroborate his version of the transaction.",Analysis
"While in flight, the man carrying the box dropped it on the ground.",Facts
"C. Rogers, an accident investigator for the Houston police department, testified that on the night in question he was called to the scene of the accident, which was in the 3400 block of",Facts
"Where the offense is charged by alleging other means, as in the present case, it is not necessary to allege that the act was done ""designedly"" or ""knowingly"" where, as here, the indictment alleged",Analysis
At this time the appellant and his sureties entered into a recognizance for his appearance before the District Court of Wilbarger County.,Facts
"The appellant then told her he wanted to talk to Farris and Andrus, that he ""had something that would make them walk his way"".",Facts
"Appellant's written statement recites that he and Willie Barnett took a young calf of Horton's out of a pasture, put it in his car and took it to a barn on a farm; that Dale and Willie told him the calf had ear marks and Dale put his ear marks on the calf.",Facts
"The complaint alleged that the offense was committed on or about the 4th day of May, 1961.",Facts
"While dolophine is not named in the statutory definition of a narcotic drug, the proof shows that it is a narcotic drug and regis-' tered under such trade name.",Analysis
"""Appellant also contends that the information is defective because it does not charge that the act complained of was prohibited or unlawful.",Issue
"State, supra, it was held that the collision occurred on a public highway.",Facts
"E. Darland, whose wife and baby were the other occupants of the car.",Facts
Officer Bill Bessent testified that he was in the Wilhite home on Tuesday and listened over an extension telephone to the conversation between the appellant and Mrs. Wilhite.,Facts
The only major conflict in the evidence concerns whether the killing was the result of an accident or whether it was a malicious murder.,Issue
There was sufficient evidence also to sustain the jury's finding that appellant was intoxicated.,Analysis
These photographs were admissible to illustrate a disputed issue.,Analysis
We got out of the car and went to the back of the store.,Facts
No request was made by appellant for a special charge instructing the jury not to consider such evidence if they believed it had not been heard by the appellant.,Facts
"It is undisputed that the automobile appellant was driving east on the south side of an east-west expressway struck the south curb, then travelled to the left striking a traffic island six to eight inches high and from two and one-half to three feet wide, overturned and came to rest partly on the island and partly in the south lane of the two lanes on the north side; and that the automobile traveling west, in which the deceased was riding as a passenger, skidded thirty-nine feet before striking appellant's automobile resulting in the deceased's death.",Facts
There is nothing in this record to explain or excuse the delay in filing the statement of facts in the trial court or the forwarding of the transcript to this court.,Analysis
The careful and able trial judge fully submitted appropriate issues of insanity and all other issues raised by the evidence.,Facts
"The above contention is not presented by a formal bill of exception or by a separate statement of facts as required by Art. 760e and 759a (6), V.A.C.C.P.",Rule/Law/Holding
"The claim is for ""all injuries proximately caused by the negligence... of the Government of Guam, its officers and employees, for injuries arising out of the wrongful arrest and wrongful imprisonment of claimant.. .said wrongful arrest and wrongful imprisonment having occurred on May 1, 1976, and May 2, 1976.""",Facts
"He did not accuse anyone by name, but pulled his pistol, pointed it toward the deceased, saying he wanted his money as he backed toward the door.",Facts
"Appellant was driving his automobile, at nighttime, on a public highway, from Center toward Logansport, Louisiana, in a northerly direction, and the other car, driven by a Mr. Smith, was coming toward Center in a southerly direction, at the time of the accident.",Facts
Appellant and his counsel both agreed and stipulated in open court to the taking of the deposition of this witness.,Facts
"By motion to quash, which was by the court overruled, appellant challenged the sufficiency of the indictment to charge an offense.",Facts
"In view of our disposition of this case, a recitation of the facts will not be deemed necessary.",Analysis
"The offense is rape of a female under the age of 18; the punishment, life.",Facts
"The following morning, October 25, after appellant had accompanied the officers to the location of the tank, the search was continued.",Facts
"Complaint is made of that portion of the witness Howard's testimony when he said ""As soon as the calf went back to the cow and was sucking, I just went on back to town,"" on the ground that it was implying that the calf was sucking its mother.",Facts
James Lyles was driving a 1950 Studebaker owned by Doris Jean Tidwell who I believe lives in Houston.,Facts
I have been overruled on that.”,Others
"The minor stated that, on such occasion, appellant did not ask him his age and that he had taken one drink from the bottle before the officers arrived.",Facts
"Being regular on its face, the warrant made out a prima facie case authorizing the remand of appellant to custody for extradition.",Analysis
"After leaving the place where they had been parked, the three proceeded to a cafe where he and appellant attempted to revive her with coffee and where he saw appellant with a cloth in his hands and his pants open in front.",Facts
"It was further stated that appellant stayed at home every night in April and May, 1961, and that they never knew him to be out as late as 1 or 2 A.M. On re-direct examination of appellant's grandmother, she was asked: ""He wasn't in prison or anything like that, was he?""",Facts
"""THE COURT: We will sustain that objection.",Others
"We feel that the instant case was correctly disposed of by the trial court, and the judgment is affirmed.",Conclusion
Officer Geffert testified that to the best of his knowledge the appellant had been living in the house which they searched for about six months.,Facts
"The evidence is undisputed that appellant was not present when the beer was seized, and there is no evidence that he sold or offered to sell any beer, or that beer was sold at his hotel.",Facts
"Appellant, the father of the 14 year old girl named in the indictment, made a statement which was reduced to writing and was introduced in evidence at the trial as a voluntary confession.",Facts
"There being no repugnancy between the ways charged, such was permissible.",Analysis
"The testimony of the state shows that during the morning of March 12,1959 appellant's brother Robert Williams, the deceased and several other colored men, were engaged in a dice game.",Facts
"It is obvious from the argument set forth above that Officer Heddin, as well as appellant, might have disputed the testimony of the witness Bailey.",Analysis
"""The fact that a defendant in a criminal case * * * is, or has been, charged by indictment * * * with the commission of an offense against the criminal laws of this state, of the United States, or any other state shall not be admissible in evidence on the trial of any criminal case for the purpose of impeaching any person as a witness unless on trial under such indictment * * * a final conviction has resulted, or a suspended sentence has been given and has not been set aside, or such person has been placed on probation and the period of probation has not expired.""",Rule/Law/Holding
Both cases were reset for trial on October 24.,Facts
""" ""˜Convert to his own use', as used in this Act, shall mean the application or use of such money or property in any manner or for any purpose not authorized by the owner thereof, and proof that such director, officer, agent or attorney at law or in fact, applied or used such money or property in any manner or for any purpose not authorized by the owner thereof, or that he advised, authorized, directed, aided or knowingly consented to such use or application, shall be prima facie evidence that such money or property was fraudulently misapplied and converted to the use of such director, officer, agent or attorney at law or in fact.""",Rule/Law/Holding
We have carefully reviewed the cases cited by appellant in support of his contention that the search was illegal and do not deem them here controlling.,Analysis
It is the rule that in such cases where intent alone is determined by circumstances a charge on circumstantial evidence is not required.,Rule/Law/Holding
"Deem, from the final judgment of Criminal District Court No. 2 of Harris County upon a forfeiture of said recognizance.",Facts
We overrule the contention that the stolen property and tools recovered were inadmissible.,Conclusion
"Witnesses called by the state, who observed appellant at the scene after the collision, testified that they could smell alcohol on his breath; that he walked ""very unstable,"" ""staggering""; that he talked ""incoherent,"" with a ""thick speech""; and expressed the opinion that at such time he was intoxicated.",Facts
The appeal is dismissed.,Conclusion
"Additional moral justification may have been due to the complaints by numerous Japanese tourist that some of these signs contained offensive or shocking language.""",Facts
"Dr. Ashworth, who did the autopsy, testified that there were some two dozen bruises and lacerations on different parts of the body, several of which were in the scalp, the longest a deep cut over the left side of the head, compatible with a blow to the",Facts
He stated that his sister was there all of the time and that she did not go out to water the flowers.,Facts
The court instructed the jury not to consider the statement.,Others
"After the proprietor heard Robert's statement, he gave him $4.90 and Robert left.",Facts
"The offense is charged by) indictment returned and presented by the grand jury of Dallas County, Texas, into the Criminal District Court of Dallas County.",Facts
The proof shows that the appellant first gave the injured party a check for $7 and received in return a ring and $2 in cash.,Facts
"He told her to get back in bed but she said the floor was cool and she was sick at the stomach, but would be all right shortly and would get up.",Facts
The prior opinion is withdrawn.,Conclusion
Did Louise Fryer say anything?,Others
"""The conviction will be reversed where the undisputed proof shows that the premises did not belong to and were not in possession of the person or parties named in the indictment as owner.""",Analysis
"In the case cited, the court stated the rule that in prosecutions under the phase of the pandering statute here presented, an indictment which merely follows the language of the statute is insufficient and in order to be sufficient to meet the requirements of definiteness the indictment must aver not only the acts or omissions on the part of the accused showing that he did in fact procure the female to become an inmate of a house of prostitution, but how the same was accomplished.",Rule/Law/Holding
"The injured party Chapa testified that he ran a small grocery store; that appellant and a woman companion entered his store on the day in question, purchased some groceries, and gave him a check bearing the signature ""Rudy A. Kirchner"" in the sum of $48.00 payable to ""Manuel G. Reyes"", and endorsed the same in his presence.",Facts
He stated that he could see inside the shop from where he was sitting ; that nothing unusual took place between his brother and the eleven-year-old complaining witness.,Facts
Trial was to the court without the aid of a jury.,Facts
He further stated that he could not advance an opinion as to appellant's condition or chances of recovery as he had not examined him.,Facts
"Both officers testified that after stopping appellant they observed two or three cans of beer on the seat beside him; that appellant had the odor of alcohol on his breath, his eyes were bloodshot, his walk unsteady, and each expressed the opinion that at such time appellant was intoxicated.",Facts
The objection was that proper predicate had not been laid to the introduction into the record “as it stands at this moment.”,Facts
The State's evidence shows that the deceased lived and worked on the farm of Elbert F. Kitchen located approximately a mile and a half east of Flynn in Leon County.,Facts
Such allegation was sufficiently definite as to how he attempted to procure her.,Analysis
"There appears no error in the action of the court in declining in the absence of the appellant, to hear an amended motion for new trial which had been overruled by operation of law.",Analysis
"In making such proof, the entire letter was admissible, although it was not necessary to set out the letter in its entirety in the information.",Analysis
"The state confesses error and concedes that the conviction for theft from the person cannot be sustained under the indictment for robbery by assault, since it is not an included offense.",Issue
"Upon a search, fifteen cases of beer were found in the car.",Facts
"The offense is burglary; the punishment, five years.",Facts
"The Government's Complaint alleges that Defendants, owners of a store on San Vítores Road in Turnon Bay violated §17402 by displaying signs in Japanese without a translation into English or Chamorro.",Facts
"After the man left, the prosecutrix took her baby and went to a neighbor’s house across the street.",Facts
We overrule this contention.,Conclusion
"Later she ""said she was going to get something to drink from somebody and I asked her not to.",Facts
The plaintiffs have argued that as an appellate court we should not disturb the express findings of the trial court unless they are clearly erroneous.,Facts
"Appellant was sitting on a stool at the bar, while Jackson, the injured party, was standing in front of him, holding an open knife in his hand.",Facts
"In the absence of a judgment entered of record in the minutes of the court, the appeal must be dismissed.",Rule/Law/Holding
"The bills have, however, been examined and we have observed no error which would call for reversal.",Conclusion
"Two ambulance drivers observed a 1956 black Oldsmobile parked back of their funeral home property in another part of the city about midnight on the night in question, became suspicious, shone their lights thereon, and were informed by appellant's co-principal that they were looking for their victim (who lived in a nearby apartment house).",Facts
"unless it is hardthat appellant finally said ""it was hard enough""; that both men were facing away from him at the time and he saw appellant's hips move in and out but that Pelton remained still; and that appellant was immediately behind Pelton in a standing position ""so close * * * that his stomach was up against the back of * * * Pelton.""",Facts
"The police were notified, and deceased was found lying on Mrs. Moers' porch dead from a stab wound in the heart.",Facts
"He testified that he went to the Silver Dollar Bar, which-he owned at the time, after lunch and remained there until a few minutes after 5 P.M., and while there he and his wife drank three beers; that he and his wife were going home, accompanied by Odell Harris; that-after the collision the car he was driving ended up against the curb; that he did not get out because his wife was ""hurt pretty bad"" and his hand was ""busted open between my index finger and my thumb and I was bleeding at the nose.""",Facts
"There are no formal bills of exception or objections to the court's charge, and no brief has been filed on behalf of the appellant.",Facts
Appellant objected to anything he said on the ground he was under arrest; and the record shows that he was under arrest at the time.,Facts
We overrule the contention that in said Paragraph 4 the burden of proof was placed upon the defendant.,Conclusion
That the tracks in the building were made by such a pair of shoes was known to the officers before appellant's statement was made.,Facts
The two girls then obtained money from appellant and his brother and went to buy some snow cones.,Facts
"630, 323 S.W. 2d 43, and the cases there cited, calls for the reversal of the conviction and a dismissal of the prosecution under the present indictment.",Rule/Law/Holding
"Appellant filed certain objections and exceptions to the indictment which were, by the court, overruled.",Facts
We have again reviewed the record in the light of appellant's,Others
Proof that appellant was acting as an agent for the State's witness Armstrong in the transaction did not render the evidence insufficient to sustain the conviction for unlawful possession of the heroin.,Analysis
"We have carefully examined the record, and find no merit in any of appellant’s contention.",Conclusion
"In motion for rehearing, Judge Hawkins stated:",Facts
No brief has been filed in appellant's behalf.,Facts
"""But it has never been held that such an omission in the charge is fundamental error which is necessarily fatal to the conviction.",Rule/Law/Holding
"Officer Hemphill also testified that a woman who was in the car with appellant ""got out of the car and came around and was pulling on me and hollering at me, and wanted to know what I thought I was doing.""",Facts
Testimony read into the record is tantamount to the introduction in evidence of the documents from which the testimony was taken.,Analysis
It is our conclusion that the facts are sufficient to sustain the jury's verdict.,Conclusion
We find the evidence amply sufficient to sustain the jury's verdict.,Conclusion
"Bill No. 3 certifies that ""there was no person other than the Defendant to whom the prosecutor's argument 'this man was sworn in' could have referred.""",Rule/Law/Holding
The child further denied that she left the bicycle shop to go outside to water the flowers.,Facts
We remain convinced that Judge Todd did not err in overruling the plea of former jeopardy.,Conclusion
We shall not here relate further details other than to state that the officers did retrieve a vial from appellant containing what was later chemically established to be marijuana of sufficient quantity to make one large or two small cigarettes.,Facts
The first is without merit.,Conclusion
The motion was supported by affidavits from two of the jurors.,Facts
It is to be noted that all this testimony was read into the record without objection.,Facts
No statement made or act done by the appellant at that time was introduced in evidence.,Facts
It is not error to overrule a motion for new trial where jury misconduct is alleged when the motion is not supported by affidavit.,Rule/Law/Holding
Time is not the sole test for either the admission or rejection of such proof; instinctiveness is the requisite.”,Facts
He told Robert that he owed him $5 which Robert denied.,Facts
"The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.00.",Facts
"The court's charge was full and complete and included an instruction on murder without malice, the right of self-defense, and adequately protected all of the rights of the appellant.",Analysis
"Officer Maddox, of the Houston Police Department, testified that while in the company of Officer Fredrich in a cafe, he observed the appellant and when appellant went to the restroom in the cafe they followed; that he there searched the appellant, finding in his shirt pocket a ""leafy substance that appeared to be marijuana"", which he identified while testifying as State's Exhibit No. 1.",Facts
Appellant complains of our holding that he waived any complaint as to the search by his failure to object at the time the pistol was introduced in evidence.,Facts
"The first conviction on October 1, 1951, was for the offense of unlawfully acquiring marihuana and the second conviction on April 22, 1953, was for the offense of unlawfully forging and passing a United States Treasurer's check.",Facts
Informal Bill of Exception No. 2 relates to the court's refusal to permit appellant to impeach the State's witness Mary Rowell by showing that she had filed a number of complaints for aggravated assault against her husband other than as testified to by her.,Rule/Law/Holding
"In the conversations, appellant told Mrs. Wilhite that he loved Glenda and wanted to marry her.",Facts
"They were taken back to the scene of the robbery where they were positively identified by Wyman Jones and Harley Wingo, who identified them later in the night at the police station, and again positively identified them at the trial.",Facts
"and when she asked what kind of work appellant stated: ""You can come out there and sell * * * and get my money back""; ""You can make a lot of money at it""; ""We can * * * make a lot of money * * * .""",Facts
"The trial was conducted, without objection of appellant, upon the theory that Jerry was not an accomplice, and that question is not before us for review.",Facts
It must be corroborated by proof of the corpus delicti.,Rule/Law/Holding
The prima facie evidence rule arising from the possession of a certain quantity of beer in a dry area has no application in a wet area case.,Analysis
"By their verdict the jury resolved the disputed issues against appellant, and we find the evidence sufficient to sustain their verdict.",Analysis
"The trial was had and the judgment entered August 4, 1960, in the County Criminal Court No. 3 of Dallas County.",Facts
"Mrs. Williams' testimony, on the other hand, shows that he could not have committed the burglary had he at the time been in a seizure or suffering from the effects of a recent seizure.",Analysis
"Immediately upon their arrest, appellant and his companion McDade were taken to the courthouse, were placed in separate rooms, and were questioned by different teams of officers.",Facts
I also on this same night had a small plastic tube which I inserted in * * * of Mike and then I pulled it out.,Facts
When they got downstairs Ponce went to his car and he and his wife left for home.,Facts
"Thus, protection of the morals of the public might have been an additional reason for enacting the statute.",Analysis
"The undisputed evidence shows that appellant, a 32 year old brother of one of her tenants in an apartment house adjoining her residence, went to the home of the prosecutrix, a 61 year old widow, about 11:30 P-M.",Facts
"On the other .hand, if appellant had not served time in jail for an offense, the remarks complained of would be so prejudicial as to require that a mistrial be ordered.",Analysis
The jury resolved the disputed issue of intoxication against,Conclusion
"The evidence shows that the blood stained knife was taken from the pocket of a suit of clothes found in appellant's room which appellant claimed, and which he was wearing at the trial.",Facts
"At the time of the introduction while the appellant was still standing within three or four feet and in a position where he could hear, John Farris, the deceased, spoke up and said to Griffin, ""Tommy, watch that fellow over there (referring to the appellant).",Facts
The judgment is affirmed.,Conclusion
The state proved that he stopped and remained at the scene of the accident until after an ambulance had been called to remove the bodies of the two victims.,Facts
The objection was that the state had not proved up the chain of custody of the blood sample analyzed; had failed to lay a predicate for the admissibility of such testimony and that anything Dr. Mason testified to regarding the sample would be hearsay.,Issue
"When asked if he had ever done business with appellant before, the witness Ford replied: ""Only bought some rabbits from him.""",Facts
"Appellant's testimony was to the effect that he and his wife had gone to the party, had danced and drunk and talked; that upon their return home he was lying on the bed and had dozed off when the police came in and shined a light in his face; that at the time he did not know they were officers; that he told them to get the light out of his eyes.",Facts
"The evidence of the prior conviction was already in evidence as the appellant, himself, had so testified.",Facts
"She related further that appellant asked her to sit in his lap, which she did.",Facts
"We agree with appellant’s able counsel and with our able state’s attorney that the Hubbard case, supra, controls, here.",Conclusion
"Reed had hold of the still pot, which was ""lying parallel to the truck and directly behind the bed of the pickup truck.""",Facts
The city ordinance under which this conviction rests was not introduced in evidence or made a part of the record.,Facts
"She then returned to her home and, later in the night after appellant failed to keep his appointment, went with a boy to Amarillo, where she secured work and stayed for some three weeks before returning home.",Facts
"They described his appearance and demeanor and the odor of alcohol about him, and testified to their experience, as the basis for their opinions.",Facts
At this time the appellant made no objection but moved to strike the testimony of the grand juror showing what appellant told the grand jury because such statements were not reduced to writing and witnessed as required by statute.,Facts
We see no error in the admission of the prosecutrix' testimony that she was a widow.,Conclusion
"While the state was not mentioned, the evidence shows that the collision occurred on the outskirts of Orange on Highway 90, in Orange County, Highway 90 being ""a public highway open to the public to travel to and from Beaumont.""",Facts
The record contains no formal bills of exception and there are no objections to the court's charge.,Analysis
"The testimony further shows that on Saturday night, the appellant telephoned the manager of a store and offered to sell him No. 1 Grade potatoes for $4 per sack for delivery the next day, which offer was accepted.",Facts
"When Officers Strickland and Rodgers announced at the front door of a house that they were police officers and had a search warrant for the house, they heard scuffling and movements inside, immediately entered, and saw the appellant run into the bath room.",Facts
"Detective Wagner testified that, in company with Officer Moffitt, he talked to appellant in jail at Nacogdoches and, as a result of that conversation, they recovered a rifle from a store in Nacogdoches from a man who had paid for the same by a check, and also recovered the other guns from places where appellant told him they might be found, and that later appellant pointed out the building under the control of Mr. Nix to them in Houston.",Facts
"Appellant has filed a brief in his own behalf, asserting several ""points of appeal"", none of which have support in the record.",Facts
"The complaint, information and judgment in said numbered cause, in the County Court of Parker County, were introduced.",Facts
"Realtor is confined in the penitentiary under a 25 year sentence pronounced in Cause No. 18162 in Criminal District Court of Jefferson County, Texas, on July 12, 1951.",Facts
"Appellant testified that he put his arm around the waist of the prosecutrix as she stood at her bedroom door; that she screamed, put her hand on his face and scratched him; that she fell on the floor of the bedroom; it scared him when she screamed and he put his hand over her mouth as she started to fall so she wouldn't scream, and she quit.",Facts
The jury resolved the issue of appellant's intoxication against him and found that he was the same person who was previously convicted as alleged in the indictment.,Conclusion
He denied that he was introduced as Mr. Hall and stated that he left the station before the ticket was prepared and signed.,Facts
We find the evidence sufficient to sustain the jury's verdict finding the appellant guilty of murder with malice.,Conclusion
Appellant's answer to the inquiry was in the affirmative.,Facts
We have concluded that the evidence is sufficient to support the conviction and shall discuss the remaining contentions which we view as raising a substantial question.,Conclusion
"The jury resolved the dispute in the evidence against appellant, and we find it sufficient to support the conviction.",Conclusion
Massoletti's case was not one involving a charge similar to the case at bar.,Analysis
An officer delivered the check found in the Oldsmobile to Johnny Jordan in the sheriff’s office in Littlefield.,Facts
I am unable to agree that the statement of appellant to the officer was in the nature of a confession or that its admission in evidence is shown to be error.,Others
The record on appeal contains no statement of facts or bills of exception.,Facts
Within the federal case law there are decisions where the appellate court did not accept a notice of appeal that resulted from procedural correction of a clerical error by the method being attempted herein.,Facts
Government Health Professionals shall be considered as an agent of the Government of Guam within the meaning of §6500.20 of the Government Code.,Rule/Law/Holding
"Appellant's oral statement to Officer Geffert that he had the narcotics in his cabin which led to the officers finding the narcotic paraphernalia therein was admissible as an oral confession under the exception contained in Art: 727, supra, which reads, ""* * * or, unless in connection with said confession he makes statements of facts or circumstances that are found to be true,",Rule/Law/Holding
Kitchen told appellant that he would take him to his home and that he would go after appellant's pickup.,Facts
The appeal is dismissed.,Conclusion
An accomplice related the facts of the taking of the grease traps and their sale to the Iron Works Company.,Facts
"Appellant's contentions are overruled, and the judgment is affirmed.",Conclusion
"The court charged the jury on the law applicable to murder without malice, aggravated assault, and the suspension of sentence.",Facts
"The only testimony adduced by appellant was from his mother, Lillie Mae Dunson, and his aunt, Mattie Lee Nelson, in support of his defense of insanity.",Facts
"He testified that he had been convicted of robbery and had served his time in the penitentiary, and that he had come to Houston, Texas, from Kentucky to visit some of his relatives.",Facts
The articles of property were identified by the injured party as property taken from his tool house in Brown County on the night in question.,Facts
"The witness testified that upon arriving at the apartment he asked appellant if she could ""score"" for him which meant that she would pick up some heroin for him; that appellant replied that she could, but would have to make a telephone call; that they then went downstairs and walked to a telephone booth which appellant entered and placed a call; that after appellant came out of the booth, he asked her, ""How is everything"" to which she replied, ""Okay.",Facts
Miller testified that Jerry Thompson had the beer in the kitchen and he got it off the kitchen table.,Facts
"Officer Anderson testified that he then went inside and, after he and appellant had come outside, appellant told him that the boy had given him a quarter to buy the beer.",Facts
"The state's further testimony reflects that appellant kicked Officer Trickett across the room, knocking him down; that the officer became violently ill and vomited, not knowing what happened from then on except that the other two officers took him to a hospital, where he spent the rest of the night and the next day.",Facts
"J. Crawford, testified that he saw the deceased and Robert scuffling as he entered a cafe, heard a lady say ""don't shoot,"" then heard a shot and when he returned to the street he saw the deceased running with his back to the man with the pistol who shot twice more at the deceased.",Facts
The indictment contained ten counts but only the fifth and eighth counts were submitted to the jury by the court in his charge.,Facts
"“The other statement that I don’t think he need to say, ‘That you’re going to ruin this guy’s life by putting him over here in the jail.’ It’s a reasonable deduction since he went into this that this isn’t the first time this man has been in jail.”",Analysis
The reasons stated in my dissent would be applicable here if appellant's statement was in the nature of a confession.,Analysis
"See 4 Cal.Jur.3d, Appellate Review, §102, for an interpretation of the identical California statute.",Rule/Law/Holding
"Gee testified that thereafter during the latter part of March appellant saw him in the lobby of the Kincaid Hotel in Uvalde and said ""Well, I have finally been able to get you your price on your grown hair that I had been asking for, a dollar and eleven and a half gross"" and he then asked appellant ""was he sure now that it would be a dollar ten to me net"" and appellant replied ""Yes, it would.""",Facts
"The two prior convictions alleged in the instant case, not having been successfully used in the prior case against appellant, were available to enhance punishment herein.",Analysis
When they kicked on the door of the room oceupiéd,Facts
"We adhere to this decision and hold that the appellant, a male person, may not complain because no members of the opposite sex were called to serve on the Grand Jury panel.",Conclusion
This is an appeal from an order entered in a habeas corpus proceeding remanding appellant to custody for extradition to the State of Louisiana.,Facts
"The conviction is for felony theft; the punishment, two years.",Facts
Appellant’s last complaint relates to argument.,Facts
The failure of the proof introduced to support the material allegations in the information calls for a reversal.,Analysis
"At the hearing, High testified that he was superintendent of the Gregg County Road Department, had stopped at English's store in said county, when appellant approached him complaining about how fast the county trucks were traveling as they passed his house, and informed him that if he (Hight) didn't stop them from going so fast (appellant) would do so and said, ""I mean just that.""",Facts
When I arrived I confessed to her what I had did.”,Facts
Appellant and Mendenhall were subsequently identified in a police line-up by Jackson as the two men who robbed him.,Facts
"When the State came to prove such allegation, it called the identifying witness, who testified that the prior conviction was in Cause No. 149986.",Facts
The evidence admitted without objection and by stipulation of appellant and his counsel is sufficient to sustain the conviction and we find no reversible error.,Conclusion
She further testified that the man left a cigarette lighter and a pencil in the bed.,Facts
"This is an appeal from an order refusing appellant bail, after indictment for murder.",Facts
"In the absence of a timely objection to the reading of a document to the jury, the parol and best-evidence rules have no application.",Rule/Law/Holding
"After the witness testified without objection that appellant had told the grand jury his written statement was true, the witness was next asked if the appellant mentioned the officers offering him anything or threatening him and he replied: ""No, sir, he did not.",Facts
Appellant called the county surveyor and proved by him that the metes and bounds set forth in the Commissioners Court minutes creating Precinct Number One would not close.,Facts
"262 to 269 P.C., I agree that the doing of the acts set forth in the indictment is punishable under Art. 302 P.C., which defines the offense of perjury, and that the relator should be remanded to custody.",Conclusion
In response to the objection the court instructed the jury not to consider the remark of State's counsel and denied the motion for mistrial.,Facts
"The conviction is for loitering as denounced by a city ordinance; the punishment, a fine of $110.",Facts
Appellant's counsel filed a brief in which fifty-three cases are cited us in support of appellant's position.,Facts
"A check payable to ""Jesse Dagley, Trinity, Texas"" drawn on the Houston Packing Company dated January 14 in the sum of $570.50 and endorsed ""Jesse Dagley"" was introduced in evidence.",Facts
"After telling the attendant they had a cattle truck out on the road with some ""flats"" and they needed two tires, the prosecuting witness, William A. McBirnie, and assistant manager of the station, was called and came to the station.",Facts
"Appellant has duly filed his second motion for rehearing, sup-' ported by a supplemental transcript in which appear a notice of appeal and a recognizance bond.",Facts
There are no formal bills of exception.,Facts
"Are you the same Billie Yvonne Coleman that in Cause No. 2274 in Judge Glen Byrd's Court, was convicted of the offense of vagrancy, to-wit, being then and there a common prostitute?""",Others
"By informal bills of exception, appellant complains of the",Issue
We have examined the remaining bills of exception and fail to find error reflected thereby.,Analysis
"Mrs Hill witnessed the collision and testified that appellant, as he sat behind the wheel after the collision, ""was just kind of in a stupor or daze * * * .",Facts
"The predicate, if not fully laid at that time, was supplied by later testimony.",Facts
I feel that the motion for rehearing should be granted.,Conclusion
The motion to quash the indictment which was filed failed to complain of the absence of innuendo averments.,Facts
Jailer Morris testified that in his opinion appellant was “drunk” when he was brought to jail.,Facts
"We have concluded that, under the facts, the requested charge in the instant case was not required.",Conclusion
"There were no formal bills of exception filed, but several informal bills of exception were reserved in the statement of facts filed herein.",Facts
"The appellant testified that while he was talking to Mrs. Fryer, ""That's the time I heard her scream for her life.",Facts
"The Appellants left the premises the next morning, and Ruby Bickmore remained on the bed in her room all day long.",Facts
The judgment is reversed and the prosecution is ordered dismissed.,Conclusion
"Thereupon, a person identified as ""Roy"" came to the car and after talking to appellant and receiving some money from him gave appellant five capsules.",Facts
Entry into the building was made through the roof by boring holes and removing a portion thereof.,Facts
The pistol was identified at the trial as the one used to shoot the deceased.,Facts
Appellant's principal objection to the admissibility of these judgments was that the state failed to establish the identity of the appellant and the witness Coleman as being the same persons as set forth in these judgments.,Facts
"Appellant testified that before he was arrested he had been to a theatre; that after he came out ""two guys started walking by meand that the reason he ran from the officers was because Officer Gilbert tried to run over him.",Facts
The fact that the appellant was 18 years of age when he signed the rental agreement for the car as he testified would not prevent him from committing felony theft by bailee and being prosecuted and convicted for such offense.,Analysis
"While the cases cited by appellant sustain his contention that he was entitled to introduce evidence before the jury for the purpose of discharging the burden resting upon him of proving by a preponderance of the evidence that his plea was true, there is no showing in this record that appellant tendered evidence before the jury in support of his plea after the court had properly refused to permit such evidence to be offered in advance of a hearing on the merits.",Analysis
The record further reflects that the jury was instructed by the court to disregard the statement.,Facts
"He attacks the affidavit on the ground that it is based on hearsay, did not set forth a statement of the offense in clear, plain and intelligible language, and was insufficient to authorize the issuance of the search warrant.",Facts
"Appellant called two witnesses with whom he had worked for a short period of time, who testified as to his reputation, and appellant testified that he did not pass the check in question but was at the time fixed by Mr. Ray in either Cisco or Eastland, Texas, having his automobile repaired.",Facts
On another night David Hughes and Mike Downey was at my house and I asked them to drop their pants and shorts which they did and I took three more pictures with my camera of their privates.,Facts
It was stipulated that on a former trial of these appellants for the same offenses the prosecutrix testified on cross-examination that she was not a virgin at the time of the alleged offenses.,Facts
"He stated that appellant's speech was slurred, that there was a strong odor of alcohol on his breath, and expressed the opinion that he was intoxicated, but that in his opinion, from talking with appellant, he appeared to understand the written consent to the taking of a blood sample which he read to appellant and which appellant read himself, and that a specimen of appellant's blood was taken.",Facts
"The filing and recordation of the Notice of Levying on Real Property in the Department of Land Management, Government of Guam, creates a lien on the property of the defendants.",Facts
"21, 317 S.W. 2d 737, as authority for reversal of cases where the state's testimony was adduced by only one witness.",Rule/Law/Holding
"Dr. Martin Mason, Director of the Dallas City-County Grim",Others
"The record shows that prior to the return of the indictment against appellant at the August 1959 term of the Criminal District Court, the Judges of Criminal District Court, Criminal District Court No. 3, and Criminal District Court No. 2 of Harris County, in the order named, had appointed grand jury commissioners to select grand juries for the November 1958, February 1959, and May 1959 terms of said courts.",Facts
The Court of notes that this statute applies to commercial as well as noncommercial speech.,Rule/Law/Holding
The first count charged negligent homicide in the first degree.,Facts
"There is no statute in this state making such an act, per se, a penal offense.",Rule/Law/Holding
Appellant's oral statement that he owned such a pair of shoes was made while he was in jail.,Facts
"The area was shown to be dry, and the prior convictions alleged were proved.",Facts
"Mary Louise Fryer, who was divorced from the injured party at the time of the trial, testified that Fryer came in while she was talking to the appellant, struck her, knocked her off the sofa and knocked the telephone out of her hand and said ""I ought to kill you.""",Facts
"The next witness, Mrs. Richardson, testified that the Selby murder case, which had .recently beenrtried, ""was mentioned as an example"" in the discussion as to punishment; that the first few times the jurors voted there were over three in favor of a two-to-five year sentence, some for five to ten years, ""some 10; some 25, some life, two or three death.""",Facts
"In rebuttal, the state called Mrs. Jobe who was present when the robbery was committed- Her testimony corroborates that of her husband except as to identification.",Facts
One Bill of Exception is found in the record.,Facts
"Testifying as a witness in his own behalf, appellant admitted driving his automobile on the occasion in question and admitted having consumed one beer a short time prior to the collision, but denied that he was intoxicated.",Facts
No objection was made at the time of the admission in evidence of a written statement made by the appellant.,Facts
"In the absence of a showing of an abuse of discretion by the trial court in overruling a motion for new trial, this Court will not set aside a judgment of conviction.",Analysis
"The court adhered to its previous instructions, refused the requests, and appellants reserved their exception.",Facts
"He stated, “I was intending to try to stop her from tearing up the place.",Facts
State lies in the fact that the revocation of appellant's probation was based upon the finding that he,Facts
"Upon a plea of not guilty before the court without a jury, he was again found guilty and assessed a fine of $110.",Facts
It is apparent that the jury did not accept his testimony as true.,Analysis
No issue was raised in the trial court before verdict concerning proof of venue.,Facts
No formal bills of exception were filed.,Facts
Appellant did not testify or offer any evidence in his behalf.,Facts
"The offense of statutory rape was alleged to have been committed on or about May 17, 1961; the punishment, 40 years.",Facts
"In addition, the threats must be of such nature as would operate upon the mind of the prosecutrix to such an extent to cause her to yield to the attacker.",Analysis
The officer stated that in the search he found under appellant's coat on the inside of the lapel a .38 caliber Colt loaded snub nose pistol which he took from him.,Facts
"The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.",Facts
The evidence is sufficient to support the conviction and no error appearing the judgment is affirmed.,Conclusion
"As the law stands, a U.S. citizen could be fined $1,000.00 for erecting a permitted sign on his front lawn reading only, ""America the Beautiful"", in Tagalog.",Rule/Law/Holding
"The prosecuting witness testified that she was the stepdaughter of the appellant, but she did not testify to any act of sexual intercourse with him.",Facts
"For the error pointed out, the judgment is reversed and the cause is remanded.",Conclusion
We further hold that the discharge of the jury at the former trial did not constitute jeopardy barring another trial.,Conclusion
"As stated, we find nothing in the record to authorize the “reasonable deduction” of the prosecutor that appellant had prior to the commission of this offense been confined in jail on other charges.",Analysis
"On cross-examination appellant testified that he wanted to take the test to decide whether or not he was drunk, and told them at Parkland Hospital he wanted to take a blood test, and that he thought the test would prove he was innocent.",Facts
The only evidence in the entire record is that reflected by the two affidavits.,Analysis
The appellant's ten-year-old boy testified that the complainant came to his father's shop.,Facts
Nothing is presented for review.,Others
These bills show that the trial court refused to instruct the jury not to consider such arguments.,Facts
Appellant was convicted of the offense of sodomy and his punishment assessed at confinement in the penitentiary for 15 years.,Facts
"She then, being unable to locate her schoolmate, returned to the home of appellant, where she saw appellant's daughter and son.",Facts
"As the officers approached, appellant and his companions ran and the officers gave pursuit.",Facts
Two prior convictions for possession of policy paraphernalia were alleged for enhancement of punishment purposes.,Facts
"The witness Boswell testified that, while he was driving a gasoline tank truck and while halted at an intersection in obedience to a red light, an automobile ran into the rear of his truck; that he immediately went to investigate and found appellant seated in the driver's seat of the automobile which had collided with him.",Facts
"Appellant stated that he intended to give himself up, but, instead, he successfully evaded officers who were searching for him for two days.",Facts
"The informal bills of exception appearing have been examined, and we find no reversible error.",Conclusion
"The appellant, while a witness in his own behalf, was then asked upon cross-examination if he had pleaded guilty of the offense of vagrancy, to-wit, associating with and receiving aid from known prostitutes, on several occasions in two different J. P. courts.",Facts
It was then reported to the court by the sheriff that defendant's automobile was missing from the place where it was parked during the morning session of court.,Facts
This information concludes with those words.,Others
"On appeal he attacks the ordinance as unconstitutional for several reasons; and attacks the complaint, both because of the invalidity of the ordinance and the insufficiency of said complaint to charge a violation thereof.",Issue
"The conviction is for driving while intoxicated; the punishment, 180 days in jail and a fine of $100.",Facts
"The appellant did not testify in his own behalf, but he adduced testimony from his twelve-year-old daughter.",Facts
"sacks of No. 1 Grade, Everbest Brand of Russet potatoes of the market value of $6.65 per sack.",Facts
Appellant complains that the court erred in failing to charge the jury on the issue of insanity as a defense and on temporary insanity.,Issue
This court held that the doctor's opinion was based upon facts which were as consistent with injury as with intoxication.,Analysis
Resolution of this motion requires examination of the claim filed.,Analysis
Appellant also stated that he was a private detective and would do all he could to find her.,Facts
The state agrees and does not seek affirmance.,Facts
There was a trail from the house to an old abandoned cellar where this vodka was found.,Facts
"The record reflects that appellant first called Sullivan as a witness and the State objected, on the ground that: ""He is under indictment in this case and is not a competent witness.""",Facts
"She later testified that she did not know which boys were there but that there were ""around three boys there"" holding her hands and legs.",Facts
The jury resolved the issue of appellant's guilt in favor of the State and we find the evidence sufficient to sustain their verdict.,Conclusion
Appellant questions the sufficiency of the evidence to sustain the conviction.,Issue
"This whole matter concerns several very important issues of separation of power as delineated in the Organic Act of Guam, 48 U.S.C. §1421, et seq., and contained in the common law.",Issue
The record shows that the indictment was returned against appellant by a grand jury which was empaneled at the August 1959 term of the Criminal District Court of Harris County.,Facts
Many of the cases cited relate to searches incident to an arrest.,Facts
"After delivering the capsules, appellant, the informer, and Helen Jackson proceeded to take a ""fix"" with some of the capsules, by an injection into their arms with an eye dropper and syringe.",Facts
"We had to just tell him everything, had to tell him several times.",Facts
"After the State and the appellants had rested their cases in chief, the State called two reputation witnesses in rebuttal.",Facts
No results of the test were offered or shown.,Facts
"During the course of the examination of the two funeral home employees, they gave some testimony which was later by the court ascertained to have been hearsay.",Facts
There were two safes in the drugstore.,Facts
"An initial hearing was had on this matter on December 17, 1979, with proceedings continued until December 27, 1979 so that the parties could have additional time to brief the issues presented.",Facts
The motion for rehearing is denied.,Conclusion
"The evidence shows that an automobile traveling at a high rate of speed (one witness testified ""doing a good 90 miles an hour"") struck the rear of a pickup truck which was pushing an automobile in an effort to get the motor started.",Facts
We are unable to agree with appellant's contention that he has been deprived of a fair trial or of due process of law.,Conclusion
"The evidence being sufficient to sustain the coftviction and no reversible error appearing, the judgment is affirmed and appellant motion for rehearing is overruled.",Conclusion
"Testifying as a witness in his own behalf, appellant stated that, on the night in question, he had gone to the place to collect a debt; that the boy asked for a beer and then gave him the quarter which he gave to the bartender, who delivered the bottle of beer to appellant and he then gave the beer to the boy.",Facts
The state filed no brief in this case.,Facts
"""Any person who shall procure or attempt to procure or be concerned in procuring with or without her consent a female for prostitution * * * shall be confined in the penitentiary for any term of years not less than two.""",Rule/Law/Holding
"Art. 414, V.A.C.C.P., prescribes the requisites of an information and in subdivision 3 provides ""That it appear to have been presented by the proper officer.""",Rule/Law/Holding
"The complaint must be considered in light of the fact that the witness had testified that he was not friendly with appellant and carried no good feeling or will toward him ""not a bit in this world"", and that appellant had asked the witness if it was not a fact that he was mad at the appellant because he had brought a law suit against him for false arrest, to which the witness replied that appellant had not sued him for false arrest.",Analysis
Appellant’s confession also states that at the time Alfred and Ramon got out of his car near the service station he knew they intended to rob the station operator and he expected to get his share of the money; therefore the confession as a whole shows that there were no exculpatory statements which would demand uppelant’s requested charge.,Analysis
The statute creating Criminal District Courts Nos.,Others
He also testified that the photograph contained in the prison records was that of the appellant.,Facts
These exhibits and the appellant were before the trial judge.,Facts
These transactions were clearly admissible as an exception to the general rule relating to extraneous offenses.,Analysis
"He testified that the signature on the Chapa check, as well as the others, was not his.",Facts
"Then Brundrett said: ""Let's go, Bill"" and told Jobe to give him five minutes to get away, and if he did not the man in the car would shoot him with a rifle.",Facts
"Where no inconsistency strong enough to evoke a repeal exists, a repeal by implication will not be found.",Rule/Law/Holding
"They were considering going to the Casa Blanca but appellant declined and Mary Lou, who had been walking behind with appellant, left him and joined her brother and sister-in-law and walked to the bus stop.",Facts
"The testimony of Officer Stone as to the manner in which appellant was driving the pickup upon the public highway and that he had been drinking and was ""too tight"" to be driving was sufficient to authorize his arrest without a warrant, under the provisions of Art. 803, V.A.P.C.",Analysis
"Under the court's instruction, the jury was requested, before convicting the appellant, to find from the evidence beyond a reasonable doubt that he did have carnal copulation with the prosecuting witness by using his mouth on his sexual parts.",Facts
It is true that the affidavits were made by interested parties.,Facts
"In a bedroom which the appellant told the officers was his room, and where the officers saw letters and traffic tickets bearing appellant's name, and some clothing with the name or initial of Clyde Sewell on them, the officers found a match box containing two balloons with a white powder substance in them.",Facts
Appellant contends that the trial court erred in admitting evidence of acts of intercourse between the appellant and prosecutrix beyond the period of limitation.,Issue
"This is an original habeas corpus proceeding attacking as void a conviction in the County Court of Callahan County in a prosecution which was instituted in a justice court in said county, the complaint alleging that the relator herein ""did then and there unlawfully and wilfully Pass-insufficient Clearance against the peace and dignity of the State"".",Facts
"Officer Tackitt testified without objection to these facts, hence appellant is in no position to rely upon his objection to Officer Donahoe's testimony to the same facts.",Analysis
"While stopped, Farris conversed with Mrs. Jackson and Doris got out of Mrs. Jackson's car and talked to the appellant.",Facts
"We have carefully examined all of the authorities cited by both the State in its brief and also all of the numerous cases cited in Massoletti, supra.",Analysis
Witnesses were called by appellant who testified that his general reputation for honesty and fair dealing was good.,Facts
The judgment is affirmed.,Conclusion
"Had the Diner's Club only paid Hertz for six days' rental""” that is, up until the time (January 20) that Hertz filed the complaint ""” then a different question would be presented.",Analysis
"On redirect examination, the state was permitted to show by the witness that appellant in such conversation was offered a blood test and agreed to take the same.",Facts
"The conviction is for unlawfully carrying a pistol; the punishment, a fine of $100.",Facts
Appellant complains of the court's action in permitting the Witness Thad Johnson to testify as to appellant's statements to him relative to the location of the rifle with which he shot the deceased over the objection that he was under arrest and the statement was not reduced to writing after he had been duly warned.,Facts
"When Lyles made a statement to the officers and pointed out the stolen property, and the tools used, the property jointly stolen had not been finally disposed of.",Facts
"When their victim turned toward appellant, she struck him in the head with her pistol, causing him to fall bleeding.",Facts
The indictment alleged that appellant did with malice aforethought kill Kathryn Fay Wilkerson by beating and striking her with a bottle.,Facts
Appellant admitted in the confession that upon the occasion of several of the visits he fondled the private parts of the prosecuting witness and on one occasion committed an act of sodomy upon him.,Facts
"Among the conditions of probation were that he: (1) commit no offense against the laws of this or any other state or the United States, and (2) make restitution as and when directed by the probation officer and pay all costs of this proceeding.",Facts
"Following the admission of the above testimony of the sheriff, the state called Mrs. Thomas, appellant’s mother, and she testified that the appellant was wearing a black hat on January 3 but was not wearing a hat when he came home about 7 A.M. January 4 and she next saw her son’s black hat a few days later in the sheriff’s office and took it home.",Facts
We do not feel that the question here presented is in any way identical with the facts in Montello.,Analysis
Application was made to this court by relator for the writ of habeas corpus.,Facts
"As will be seen from the above, only a general objection was made.",Facts
"When Dr. Mason was asked to read it before the jury appellant's objection: ""I would like to have a predicate laid for this"" was sustained.",Facts
The same two jurors who had executed affidavits in support of appellant's motion for new trial were among the seven testifying at the hearing of the motion.,Facts
"Appellant, testifying in his own behalf, admitted the argument with Oscar about the broken window, stated that he asked Oscar and Jimmy Ann to leave, but that Jimmy Ann knocked over his soda water cases and began to shove his candy case when he shot her.",Facts
"Other personalized checks, numbered within the missing group, drawn on Kirchner's account about the same date as the Chapa check, were introduced in evidence, and the parties to whom they were passed identified appellant as the person who had passed the same to them.",Facts
"The letter in question requested sexual intercourse, which clearly reflected upon the virtue of the prosecuting witness.",Facts
"On Sunday night, October 23, 1960, appellant came to Kitchen's home on the farm around 9:30 o'clock on foot and after entering said to Kitchen ""Your boy's crazy"", referring to the deceased.",Facts
"The offense is burglary, with two prior felony convictions alleged for enhancement; the punishment, life.",Facts
This is an appeal from said order revoking probation.,Facts
"What appellant conceives to be the missing proof is how the blood taken from appellant's arm got from the Emergency Room, where it was extracted, to the locked box in the Emergency Labratory some 30 or 40 féet away.",Facts
"We call attention to the fact that the record shows that Arthur's trailer house, located some 75 yards from appellant's house, was searched .and no intoxicants or evidence thereof were found and the record fails to reflect that any trails were found leading from such trailer",Facts
"The wife was sobbing and talking excitedly, saying that her husband was in the house.",Facts
"The offense is receiving and concealing stolen property over the value of $50; the punishment, five years.",Conclusion
"the witness answered ""Yes, sir; because in my opinion he is a bootlegger and I don't have no use for him.""",Facts
We commend counsel for the orderly manner in which these cases are cited in her brief.,Others
"The confession continues by reciting that he gave the knife which he had used to ""Alice"" and went to bed, that thereafter his mother informed him the police had carried his father to jail, that in the afternoon of the next day his father called him from the jail and told him to come to the police station and bring the knife, that he inquired of his mother where she had hidden the knife, retrieved the same and went to the station where he talked to his father who told him that the officers knew what had happened and suggested that he tell them the truth.",Facts
"Bill 1 complains that on cross-examination, in answer to the question ""But you don't like him (appellant) a bit in the world and that is your testimony?""",Facts
"Appellant did not comply with the terms of Art. 540, V.A.C.C.P., which provides for the continuance of criminal actions on the written application of the state or of the defendant upon sufficient cause shown, which cause shall be fully set forth in the application.",Facts
"The conviction is for the unlawful possession of a narcotic drug, to wit: heroin; the punishment, 2 years,",Facts
"If not, the conviction must be reversed for insufficient evidence.",Analysis
"While it is true that the exhibits had been identified by another witness, in the absence of anything in the record to the contrary, we must be bound by the court's qualification of the informal bill when he stated that they had not been exhibited to the jury as they were still in the sack.",Analysis
"“The statements and conduct of prosecutrix said and done shortly after the transaction may be proved as original evidence if suffering excludes the idea of fabrication, and the statements or conduct are spontaneous and instinctive, and there is no break or let-down in the continuity of the transaction.",Analysis
"We find no error in the admission of evidence to the effect that the injured party had an incapacity in his left arm, and that appellant's physical condition was good.",Analysis
Appellant objected to counsel's remark and moved for a mistrial.,Issue
"Appellant did not testify but called three witnesses whose testimony was that the appellant did not and had not lived in the house searched, but was living at another place; that appellant's father, Clyde William Sewell, his wife and son resided there, and that the clothing and tickets had the father's name C. W. Sewell on them.",Facts
How was this defendant dressed at that time?,Others
"Appellant had duly filed his application for suspended sentence, with the affidavit in support thereof duly executed.",Facts
The appeal is from a conviction for violation of an ordinance of the city of Marshall.,Facts
Appellant did not testify or offer any evidence.,Facts
"Appellant's sole contention on appeal is that the court erred in refusing to permit him to ask each prospective juror on voir dire examination of the jury panel the following question: ""At present do you engage in any form of athletics, particularly bowling?""",Issue
"The deceased was murdered during the existence of and in the furtherance of the common design of appellant and his companions to commit robbery by using a loaded rifle, and the killing was a natural and probable consequence of such common plan and design.",Analysis
"The discussion of May 11, 1977 dealt with the propriety of deleting any reference to the Government Claims Act, The transcript indicated that the language was deleted with full understanding that thereafter claims against GMH would not be paid through the Government Claims Fund but through GMH's own funds.",Facts
The State's evidence shows that the deceased operated a liquor store in the City of Houston.,Facts
"""As to whether the jury have been held for such a time as to render it ""˜altogether improbable that they can agree' is addressed to the discretion of the judge.",Rule/Law/Holding
"The state's evidence reflects that the appellant operated a bicycle shop near his home in Granbury, Texas.",Facts
"Appellant insists that the court erred in permitting Officer Geffert to relate the conversation which he had with appellant concerning the location of the narcotic paraphernalia because it was in the nature of a confession which was not in writing and did not otherwise comply with Art. 727, V.A.C.C.P.",Issue
No issue of entrapment was raised by the evidence.,Facts
Appellant next contends that the opening argument of the prosecutor presents reversible error-,Issue
The judgment is reversed and the cause is remanded.,Conclusion
"This witness also stated that his father at no time put his hands or arms around the little girl, nor did he hug or kiss her or put his hands on any part of the child's body.",Facts
The sole question presented is the sufficiency of the evidence to sustain the conviction.,Issue
"There was no allegation that the conversation related to the case on trial, and no conversation is set out which could be harmful to appellant.",Facts
"The offense is possession of wine for the purpose of sale in a dry area, two prior convictions being alleged for enhancement of punishment; the punishment assessed by the jury, six months in jail and a fine of $400.",Conclusion
That the petition is denied and Frankie Villagomez will remain in the jurisdiction of the Juvenile Court for proper proceedings therein.,Conclusion
"The mother stated that appellant was 19 years of age, born on June 15, 1941; that appellant was not of sound mind, that he got hit on the head while in high school and that he had been acting strangely ever since in that he would burst out in laughter and sit in the middle of the floor and play with toys and that his head was hurting him a lot.",Facts
"""Where did you see them?""",Others
law enforcement officials was such as to overbear petitioner's will to resist and bring about [a confession which was not] freely self-determined.,Analysis
There is no showing that such motion was ever presented to or acted upon by the trial court.,Facts
We call attention to the evidence as to the comparison of the plaster cast with appellant's shoe plus the fact that appellant gave a fictitious address when he sold the cattle.,Analysis
The offense is unlawful assembly; the fine as to each of the 18 appellants was $100.00.,Facts
The informal bill has been examined and we find no reversible error therein.,Conclusion
A pool of blood was in the yard and there was a trail of blood inside the house leading from the door to the bed.,Facts
The injured party grabbed the appellant and pulled him out of the trailer.,Facts
"Chemist Metz further testified that he ran a quantitative analysis on the needle and eyedropper which revealed that they contained .715 milligrams of morphine, a narcotic drug, and that a quantitative analysis run upon the pills and capsules revealed that some contained a derivative barbituric acid and some contained amphetamine.",Facts
"The quoted phrase is not found in the charge- The instruction to the effect that the slightest penetration was sufficient was preceded by the instruction that the force used, if any, must have been such as might reasonably be supposed sufficient to overcome resistance ""and the penetration of the sexual organ of the said Mrs. J.",Facts
The evidence shows that Fred C. Edens was city manager for Hertz Rent-A-Car agency in El Paso.,Facts
"This statute then enumerates in the four subsequent sections additional acts involving prostitution and prostitutes, and defines ""prostitution"".",Rule/Law/Holding
"There was no dispute in the evidence but that the witness Donnell was in possession of the tract of land and appellant, by his evidence, made no claim to the ""¢ contrary.",Analysis
"The promissory note in favor of Guam United Trading and Financing Company [the appellant] in the amount of $20,000 with terms to be decided upon between counsel for the parties as we get into the process of drafting that, payable in ten (10) years or at the sale of the property in question, whichever comes first.",Facts
"Evidence was offered showing the dry status of Hale County, which proof included the records of the commissioners court and stipulations by appellant.",Facts
The judgment making the judgment nisi final is reserved and the cause remanded.,Conclusion
"About 3 P.M. the same day, the deceased entered a pool hall where Robert and appellant were.",Facts
"The appeal is from the judgment of conviction resulting in probation being granted, as authorized by Art. 781d, Sec.",Rule/Law/Holding
The averment in the information that appellant rceived $7 in exchange for the check is not descriptive of the offense charged and proof of the receipt of $5 is sufficient to support the allegation.,Analysis
The record on appeal contains no statement of facts or bills of exception.,Facts
"The indictment was presented by the grand jury into the Criminal District Court on October 21, 1959 and, in accordance with law,",Facts
"By this standard the plaintiffs claim, though broad, is sufficient.",Analysis
"I believe it with my soul and heart.""",Others
"The request was granted, appellants' attorneys were so instructed, and they did comply with the court's instructions.",Facts
The evidence is sufficient to sustain the conviction and no reversible error is shown.,Conclusion
It is well settled in this state that an information which does not appear to have been presented by the prosecuting attorney is fatally defective and insufficient.,Rule/Law/Holding
"The conviction is for the unlawful possession of morphine, a narcotic drug; the punishment, enhanced by two prior convictions for felonies less than capital, life imprisonment.",Conclusion
"They then drove away from Tyler, and en route their victim freed his hands and assaulted her, whereupon she struck him several times on the head with the pistol she was carrying, causing him",Facts
"I would say two hours anyway.""",Facts
"From an examination of the court’s charge as given, appellant’s objections thereto cannot be sustained.",Analysis
"Because of the insufficiency of the evidence to corroborate the confession and admission of the appellant, the judgment is reversed and the cause is remanded.",Conclusion
He testified that later in the day he identified his four head of cattle at Houston Packing Company.,Facts
The issue as to whether the state's witness Armstrong was an accomplice was properly submitted to the jury.,Issue
What was she trying to do when you lost your temper?,Facts
"The driver of the other car testified that he smelled ""the heavy odor of beer in the car"" but that he could not conscientiously judge whether appellant was intoxicated.",Facts
"The question to which the state's objection was sustained was: ""Mrs. Williams, from what you have observed and seen your son do under these conditions, do you have an opinion as to whether or not he knows the difference between right and wrong at the time he may be seized with these spells you testified to ?""",Facts
"Officer Jim Ballew of the Identification Division of the Harris County Sheriff's Office, upon being called as a witness by the state, testified that he had taken a set of fingerprints from the appellant which he had compared with the fingerprints contained in the prison records and expressed his expert opinion that they were of the same person.",Facts
The informal bills in the statement of facts have been examined and do not reflect error.,Analysis
"Even though there were no guards or steel bars to detain the defendant, the totality of the circumstance confirms that this was custodial interrogation.",Analysis
Once again defendants base their claim that the Court lacks jurisdiction over these counts on a reading of Section 6500.10.,Analysis
"The offense is the unlawful possession of beer in a wet area for the purpose of sale without a license; the punishment, 60 days in jail and a fine of $500.",Facts
"In the absence of an irreconcilable conflict, or where two provisions of legislation are so clearly repugnant as to vital matters which they relate, courts should construe all acts harmoniously where such construction is reasonably possible.",Analysis
Another person whose name appeared on the bond as surety was discharged from liability by the court upon the trial.,Facts
"""In robbery the property must be taken by force and violence, not necessarily from the owner, but from any person in",Rule/Law/Holding
These questions are not properly before this Court,Others
Three additional cases of beer were found stacked behind the back part of the seat and a bottle of beer was found in the glove compartment.,Facts
Bill of Exception No. 1 shows that Witness Young was called by the appellant on the issue of his reputation for sobriety.,Facts
Both were present at the time of the search and there is no explanation as to Arthur's presence or why he was not charged with possessing the liquor.,Facts
"The trial court sustained objection and instructed the jury to disregard the question, but overruled appellant's motion for mistrial.",Facts
"When they arrived, appellant gave Agent Sherman a capsule and $14 in money and also gave a capsule to the informer.",Facts
"The man was drunk while he was in that office.""",Facts
"The husband appears to have had a strong suspicion about the matter, for Mary Louise had sued for divorce and testified that she was living in the house with her husband but not as man and wife on the day of the difficulty.",Facts
"Therefore, the failure to give the requested charge was not error.",Conclusion
"It was his testimony that thereafter she did not resist but suggested that they get on the bed, and ""seemed to be pretty willing"" to the intercourse.",Facts
"I see no possible chance of this jury reaching a verdict.""",Others
"At this time the appellant, while waving a pistol, told his brother Robert to move back.",Facts
"Appellant, testifying in his own behalf, stated that while on his way from home to work he drove through the park and stopped at the latrine to relieve himself; that the man, who he had never seen before but whom he later learned to be Pelton, came in and made the proposal that he have intercourse with him in the rectum; that he declined, saying that his penis was not hard; that a short while thereafter Pelton inquired of it was hard yet and dropped his pants, at which time the officers arrived.",Facts
"It is also urged that the testimony given by his witnesses which was contradicted by Kitching was brought out by the state on cross-examination, and that the state cannot impeach what they developed themselves.",Analysis
"While the court defined the offense under that portion of Art. 524, V.A.C.C.P., which provides that ""Whoever has carnal copulation * * * in an opening of the body, except sexual parts, with another human being, * * * shall be guilty of sodomy * * the court did make a direct and pertinent application of the law to the case as alleged in the indictment and made by the facts.",Analysis
"Four boys were around the 1955 Ford, two of whom, Thomas Abner Langford and Roy Lewis Burt, were killed.",Facts
"Without resort to what transpired following the taking of the money, we have concluded that the evidence is sufficient to show that appellant at the moment he entered the convertible in Harris County had the intent to forcibly take away the person of prosecutrix for the purpose of taking her money, as charged in the indictment.",Analysis
"After the three read the letter, the police were called.",Facts
"264, 347 S.W. 2d 719, relied upon by appellant, does not support his contention.",Analysis
"Highway patrolman Vinyard testified, without objection, that in making an investigation he was able to judge the speed of the two vehicles at the time of the accident, his opinion being that appellant’s car was traveling at about sixty miles per hour but that he doubted that the car in which the deceased was riding was moving at any appreciable speed.",Facts
"There was but one issue in this case, consent or not by the prosecutrix, and any circumstance that could be shown tending to show that the prosecutrix was not a virgin would be admissible as bearing on the issue of her consent in a manner consistent with the appellants' innocence.",Analysis
The motion was overruled and exception was reserved.,Facts
"She stated that in a conversation with appellant on Monday morning appellant invited her out to dinner and she refused; that when he called back later she suggested that he come to her house; that appellant came around 1:45 p.m.; that when he arrived she told appellant she was about out of ""her mind"" over the disappearance of her daughter and appellant handed her two capsules, told her to take them, and she then took one of the capsules and kept the other.",Facts
"Chemist and toxocolo'gist McDonald testified that he was called into the investigation of this case and examined appellant's clothes and person, that he found in the fly of his undershorts a pubic hair which was identical in all respects with a pubic hair which had been taken from the vaginal area of prosecutrix and was different from appellant's pubic hair.",Facts
"The court was the exclusive judge of the facts proven, the credibility of the witnesses, and the weight to be given their testimony.",Rule/Law/Holding
"Appellant’s counsel, who the evidence shows was the roomate of the appellant’s in their school days, had argued: “Make no mistake about the fact that you have ruined his life if you find him guilty because he has to go to jail.",Facts
"This Court has held on many occasions that where counsel makes remarks that were improper, and the court immediately instructs the jury to disregard such remarks, the error is usually cured and reversal seldom results.",Rule/Law/Holding
"He soon thereafter left the hospital, and about midnight had his hand sewed up at St. Paul's Hospital.",Facts
"This being a misdemeanor case where the jurors could separate, the allegation was not an allegation of jury misconduct upon which the trial judge was required to hear evidence.",Analysis
Ballistics tests made showed that slugs taken from the body of the deceased had been fired by the pistol recovered from the appellant's pickup.,Facts
Relator alleges that the judgment of conviction is void because the evidence adduced by the state at the trial was insufficient to show his guilt.,Issue
Appellant did not testify but called his brother Robert and several other witnesses.,Facts
"The record reflects that, on cross-examination of the witness, appellant first inquired of him as to the details of a conversation which he had with appellant at the scene of the collision.",Facts
There the complaint was that the state was allowed to introduce evidence showing that the defendant remained silent as to certain matters at the time he made a confession.,Facts
"Gee stated that later around March 1, he again talked to appellant about selling his mohair at the same price and that appellant made a second telephone call but no deal was consummated.",Facts
"The witness further testified that Jackson then went out the front door of the cafe onto the porch, following which appellant got off the stool, opened his knife, pulled the screen door open, and cut Jackson on the face.",Facts
"Appellant, who was the godfather of the complaining witness' sister, went to the witness' home after midnight on the occasion in question and asked to see a girl who was staying there.",Facts
The officers described appellant’s appearance and conduct and expressed the opinion that he was definitely intoxicated.,Facts
"Appellant's first three claims of error are the same as were urged and decided adversely to the accused in Cause No. 34,804, styled George E. Hancock, Appellant v.",Facts
Officer Wright's testimony substantially corroborates that of Officer Seale.,Analysis
"The offense is aggravated assault, with punishment assessed at thirty days in jail.",Facts
Glenda told appellant she would go to Oklahoma with him and agreed to meet him at the drugstore that night at 1:00 a.m.,Facts
The blood sample was sent to Austin by a physician who found it in the refrigerator and mailed it to Austin for analysis.,Facts
"There were others present with other vehicles who, had it been necessary or proper for the boys to have been carried to a physician or surgeon or to a hospital, could and no doubt would have performed this service.",Facts
Appellant strenuously challenges the sufficiency of the evidence to support the conviction.,Issue
The owner of a wholesale plumbing company testified that the grease traps had a market value of more than $50.,Facts
"There is no error in admitting such evidence because escape, flight and attempts to escape are always admissible as evidence of guilt.",Analysis
The motion for rehearing is overruled.,Conclusion
"The statutes relating to the waiver of a jury in a non-capital felony case provide that it shall be necessary for the state to introduce evidence into the record showing the guilt of the defendant, and that in no event shall a person charged be convicted upon his plea of guilty without sufficient evidence to support the same.",Analysis
"The evidence is conflicting as to what was said and what appellant heard over the telephone, except that Mrs. Fryer said ""Frank, don't kill me.""",Facts
James Lyles and myself climbed out of the drugstore through the hole we had drilled in the roof.,Facts
A statement of facts of the evidence adduced upon the appellant's trial has been filed in this court and will now be considered.,Others
Prosecutrix finally gained her freedom several days later by means of swimming the Brazos River while her captors were asleep.,Facts
The objection to the court's charge and the refusal of a requested charge show no error.,Analysis
We have examined each with care but have concluded that none reflects reversible error and that a discussion thereof would not add to the jurisprudence of this State.,Conclusion
It certifies that the court refused to permit the defendant to change one of his peremptory challenges and strike the name of Mrs. Hardinger instead of another juror he had struck by mistake.,Facts
"However, if the criminal design originates in the mind of the officer and he induces a person to commit a crime which he would not otherwise have committed except for such inducement, such is entrapment and, in law, may constitute a defense.",Rule/Law/Holding
"The indictment alleges both of these prior convictions to have been for the offense of ""Breaking and entering a motor vehicle.""",Facts
"If the appellant converted the car, he was guilty of theft by bailee, as charged.",Analysis
It is insisted that this conviction cannot stand because it rests on a bailment made when the appellant was under 21 years of age.,Issue
"Appellant was tried in the County Court of Cochran County, before a special judge and a jury, upon complaint and information alleging that he committed an aggravated assault upon Raymond Kuykendall, a special deputy sheriff who was in the discharge of his official duties.",Facts
His companion during those hours corroborated him.,Facts
"We feel that the learned trial judge fell into error in admitting the various prior judgments of convictions without evidence to establish that appellant and his witness were the defendants therein and without first requiring the state to establish the subsection of the vagrancy statute under which they were had, in order to properly establish these offenses as ones properly coming within, the terms of the classification of offenses involving moral turpitude.",Analysis
"The question is whether the claim is too broad, rather than too narrow as in Kauss.",Issue
The fact that appellant was under arrest when he gave the consent did not vitiate the same.,Analysis
The only content of the report which could be said to contradict appellant and sustain Dr. Gibbons and the record he made and testified from is that relating to the antiseptic used to cleanse the arm.,Analysis
He called several witnesses to show that when he was arrested later that night no narcotics or money was found on his person.,Facts
The court also submitted to the jury the appellant’s defense of alibi and submitted to the jury the issue as to the voluntary nature of appellant’s written confession.,Facts
"Officer Melvin testified that appellant told him that he purchased the 22 sacks of potatoes from a Mexican that he did not know at a market near Airline Drive, and that he got no receipt.",Facts
"The trial court was careful to exclude testimony as to any statement or declaration of the appellant, but it is contended that the witness was permitted to testify as to acts of the appellant which were in the nature of a confession and might have been used by the state as a criminative fact against him.",Facts
The fact that appellant was under arrest when he made an oral statement at the scene of the accident would not alone render such statement inadmissible.,Analysis
"The appellant's confession, coupled with evidence showing the commission of the crime, is sufficient.",Analysis
Chapa did not have sufficient funds on hand at the time to pay appellant the full difference between the amount of the grocery bill and the face of the check but did pay him $20.00 and told him to come back later for his change.,Facts
W. R. Hatcher identified it as his car which he saw someone drive away from his place about 4 A.M. the same morning.,Facts
Appellant did not testify but called his brother as a witness who testified that appellant had been under the treatment of a psychiatrist.,Facts
With such contention we do not agree.,Conclusion
"After the credit card invoice was signed, appellant and his companions left the station with the tires and tube.",Facts
"The evidence relating to appellant's oral statement made while under arrest could have been used by the jury to his injury, and the admission thereof was in violation of the statute; was prejudicial and calls for reversal.",Analysis
Barnett was less specific in his testimony but did say that he observed appellant having intercourse from the rear with Pelton.,Facts
"All proceedings appear to be regular, and nothing is presented for review.",Conclusion
The sole ground advanced for setting aside the court's order revoking probation is that the conviction for aggravated assault has not become final.,Issue
She also identified the check by her mark of identification.,Facts
"At the beginning of the trial, the State, by written motion, requested the trial judge to instruct the attorneys for each of the appellants ""not to inquire of the prosecutrix herein as to whether or not she is a virgin, on cross-examination, or otherwise, in the presence of the jury panel on voir dire or in the presence of the jury selected to serve in said cause"".",Facts
"""You are further instructed that if you believe, or have a reasonable doubt, that such deceased Clyde Watson was on the occasion in question armed with a gun, and was attempting to murder or inflict serious bodily injury upon the defendant, it will be presumed that the deceased designed to inflict such injury upon the defendant.""",Facts
The complaining witness was thirteen years old at the time of the trial but only twelve years of age at the time of the commission of the offense.,Facts
"He further denied having ever worn a hat, particularly the ""Jelly-Bean"" type, and related that he had only gone to Mendenhall's apartment, where he was arrested, to pick up two suitcases which Mendenhall had borrowed from him.",Facts
"The witness repeated that the Selby case was mentioned only in that one instance in a two or three-mimite discussion as to how much time a person would have to serve if he got ""life.""",Facts
E. Bailey (shown to be no relation to appellant) testified that he was riding with Police Chief Pat Heddin on the night in question and that when they drove out the Alba Road they “found a car turned over in the ditch and a man lying about eight or ten feet from it.”,Facts
"The state answered, controverting appellant's motion, and in support of its answer attached thereto affidavits from all seven of the jurors who testified in the hearing upon such motion.",Facts
The power of this court and the judges thereof in mandamus proceedings is confined to the issuance of such writs where deemed necessary to enforce the jurisdiction of this court.,Rule/Law/Holding
"Appellant was convicted of the offense of theft from the person, upon his plea of guilty to.",Facts
"He asked Regina and she reached over and got it out of the back and handed it to him.""",Facts
"""MR. BROWN: Yes, we object to any statement made by the defendant after he was placed under arrest.",Others
"These facts, we have concluded, justified the complained-of argument.",Conclusion
"The prosecutrix was told to go upstairs, which she did.",Facts
The three then left the place and drove to Hall's Drive In in appellant's automobile.,Facts
No motion to quash the indictment or plea to the court's jurisdiction was filed by appellant in the trial court.,Facts
"When you are deliberating this case, have little mercy for the Defendant but save a little mercy for the people that have â– to travel the highways, it is these people of the State of Texas that I am representing.",Others
"After listening to their story, which was described to him as an emergency, McBirnie went to the warehouse and secured two 1000x22 Richmond truck tires of the market value of $105.11 each, and one Mohawk tube of the value of $7.91 and proceeded to sell and deliver them to appellant and his companions.",Facts
We find no error in the admission of the photographs and we find no error in the record which calls for reversal.,Conclusion
"""Do you look to Mr. Cain and Mr. Tucker to protect you or will you look to these officers?""",Facts
"As to the mention of the prominent person, this is not such new evidence that can be construed as detrimental to appellant.",Analysis
"* * * Get in the back room there, you and your wife both, get in there before I kill you,"" the Jobes lay down on the floor in the vault as ordered.",Facts
"He testified that he, was not armed and made no effort to injure appellant.",Facts
Rather it has the potential to intrude upon the very first of the Amendments of the Constitution.,Analysis
"We are unable to agree with appellant that the state, by failing to object to his testimony given on the hearing of the motion for new trial denying execution of the bond, waived the requirements of a plea of non est factum in the cause.",Analysis
"On that same date an order was signed by the Honorable Paul J. Abbate, in which he disqualified the Attorney General's Office, due to an alleged conflict of interest, and in which the Presiding Judge then appointed a Special Prosecutor of his own choice.",Facts
The jury chose to accept the testimony of the State's witnesses and to reject that of appellant and we find the evidence sufficient to sustain their verdict.,Analysis
Show us where he went.,Others
"Art. 534, V.A.P.C., makes it unlawful for a person by any act to contribute to the delinquency of a minor child under the age of seventeen years.",Rule/Law/Holding
"Among the property missing was a .38 caliber pistol described as a ""thumbuster"" which was introduced in evidence at the trial as State's Exhibit 1.",Facts
Appellant worked for him in his construction business.,Facts
"The court in his qualification of the bill, to which appellant made no exception, refused to certify that such statement was made but did certify that state's counsel in his opening argument stated: "" ""˜In this kind of case, there is no defense except,' "" at which time a defense objection was overruled and counsel continued in the following manner:",Facts
A peace officer testified that he investigated the loss of the grease traps and found them at the Iron Works Company and they were properly identified by the owner.,Facts
"There is no statement of facts on a hearing, and we cannot accept the allegations in the motion as proof of such fact.",Analysis
"Beyond creating a chilling effect on filing a claim with the government because a plaintiff would lose all should he be mistaken in his theory, this reading also creates troublesome due process problems as such an irrevocable election would have to e made before the plaintiff has the opportunity for any sort of discovery.",Analysis
"When the defendants could not agree on the order of trial, the court, after examining and considering the motions, ordered the case of appellant to be tried first.",Facts
"Then, at appellant's request, the court instructed the jury to disregard the answer because it was not responsive to the question.",Facts
The complainant then testified that she left.,Facts
"While the appellant's counsel might not have made a specific objection to the testimony, the general rule being that an objection should be specific, naming a particular rule of evidence which will be violated by the admission of the evidence, the purpose of such a requirement is two-fold: (1) It enables the judge to understand the precise question and to make an intelligent ruling, and (2) It affords the offering party an opportunity to remedy the defect if possible.",Analysis
"Assuming that Lewter Feed Lots, to which the credit card was issued, may have been obligated to pay the credit invoice, this would not alter the fact that appellant and his companions obtained the same by false pretext.",Analysis
The record contains no statement of facts.,Facts
In refusing to give such charges the court did not err.,Conclusion
Cecil Ray testified that Mrs. Stockard and appellant appeared,Facts
"We are unable to agree with appellant that the provision in the statute that the judges shall ""successively appoint"" the grand jury commissioners and empanel grand juries means appointment of the grand jury commissioners and empanelment of the grand juries by the district judges in consecutive numerical order - of the courts over which they preside.",Conclusion
The state's evidence consists of the testimony of Vice Squad Officer D.,Facts
The motion for summary judgment is DENIED.,Conclusion
"Under the record, we are unable to say that appellant was injured by the court's failure to limit the jury's consideration of the impeachment testimony and overrule the contention that such omission in the charge constituted fundamental error requiring a reversal of the conviction.",Analysis
"Lucas, the last witness, testified that he was for life sentence on his first ballot; that the jury took about eighteen or twenty more ballots; that at one point he came down to ten years.",Facts
"After carefully reviewing the evidence, we find that appellant failed to introduce evidence upon which the jury could base",Analysis
"It is insisted that it was within the discretion of the court to refuse counsel’s request, and that no abuse of discretion is shown.",Analysis
"Finding the door facing the street where he had seen the man walking had been pried open, the officer pursued and overtook the automobile, notifying the police dispatcher.",Facts
We are cited to no authority holding that the defendant's sworn application for suspended sentence constitutes proof requiring the submission of the issue to the jury.,Analysis
"When recalled by the appellant, the physician testified that his examination of the vagina did not reveal any tear, and that he would expect some type of tear if penetrated by a normal size male; that he found no seminal discharge in the vagina, but that he made no chemical or microscopic test to determine such finding.",Facts
"The conviction is for robbery with firearms; the punishment, fifty years.",Facts
"The way to town, first we talked of two main subjects.",Others
The Court ruled to reserve decision on the motion to quash.,Conclusion
I have never met you but I am one of your neighbors.,Facts
4 and 5 of Harris County was not in effect at that time.,Facts
"The testimony upon the hearing of motion for new trial shows that appellant's attorney requested the words ""did then and there unlawfully, wilfully, and designedly"" be inserted in the court's charge and that upon his request these words were added to the charge given by the court prior to the court reading the charge to the jury.",Facts
"She testified that at the time the officers entered the apartment the appellant was asleep, and it was she who reached for the vial on the headboard of the bed; that the vial did not belong to the appellant, and he did not know it was there.",Facts
The chain of custody of the capsule and the fact that it contained heroin were adequately established.,Facts
"The prosecutrix got in the car and was driven to a vacant apartment on Applegrove, where Nick supposedly was.",Facts
"Appellant pleaded guilty to the unlawful possession of marihuana and, a jury being waived, the court assessed his punishment at 5 years in the penitentiary.",Facts
Is that how she appeared there that day?,Others
"The discrepancy mentioned, together with the fact that one of the officers testified that he assisted appellant in walking whereas the other testified that he held appellant's arm and did not even let him walk by himself, is pointed out in appellant's brief.",Facts
Nor do we find any error in the court's action in permitting the state to inquire of appellant on cross-examination with reference to trouble which the officers testified they had had with him on a prior occasion when he had fought and knocked one of them down.,Analysis
The jury by their verdict rejected the testimony of appellant and we find the evidence sufficient to sustain their verdict.,Analysis
There is also a statement of facts containing a transcript of the testimony on hearing the motion for new trial.,Facts
"Appellant strenuously objects to the admission of testimony given by Deputy Sheriff Kitching that appellant was in a Dallas jail from April 28 to May 4, 1961, on the ground that this testimony was improper impeachment of his witnesses on an immaterial matter.",Facts
Appellant presents three formal bills of exception in a supplemental transcript.,Facts
"The claimant is not required to list his theories of recovery, but rather the facts which lead to liability.",Rule/Law/Holding
"By motion in writing filed August 5, 1960, the appellant challenged the jurisdiction of County Criminal Court No. 3 to try this cause on the ground that the order of transfer shows that it was transferred to the County Criminal Court of Dallas County.",Facts
"Deputy Sheriff Roy C. Willim, Identification Officer of the Sheriff's Department of El Paso County whose qualifications as a fingerprint expert were shown, testified that he had made a comparison of certain fingerprints which he had taken of the appellant with the fingerprints contained in the prison records, and, that in his opinion both prints were of one and the same person.",Facts
"The officer stated that he got out of his patrol car and walked up beside appellant's car and asked him to step out; that appellant ""opened the door, and started to get out, and he almost fell down""; that appellant just stumbled out, more or less, when he got out and ""was holding on to the door of the car"".",Facts
Appellant's statement that the room was his was admissible as res gestae because it was made during and coincident with the search of the house.,Analysis
She wasn't bruised like that.,Facts
"In the statement, appellant said that he ""whipped out"" his .32 revolver and told the man that all they wanted was the money which he and Blaylock then took from Box's billfold and the cash register.",Facts
"Upon a trial before the court without a jury, appellant was convicted of the offense of unlawfully contributing to the delinquency of a minor and his punishment assessed at a fine of $300.",Facts
"The record contains four purported formal bills of exception which were filed on August 18, 1961, some 92 days after notice of appeal was given on May 18, 1961.",Facts
"The testimony of three peace officers shows that while accompanied by two other officers they went to the house where the appellant lived to execute a search warrant, but before entering the house they stopped a short distance away.",Facts
"The fact that he may have also had the intent, as the evidence clearly indicates, of forcing her to become a prostitute so that he might profit therefrom would in nowise preclude a prosecution for the first offense shown.",Analysis
"State, 256 S.W. 2d 97, it was held that where prior convictions were alleged and proven to enhance the punishment in a case which resulted in an acquittal, it did not constitute a successful use of the prior convictions so as to prevent their being used in a subsequent case for the same purpose, and that the doctrine of double jeopardy did not apply.",Rule/Law/Holding
Art. 3 of Section 35 of the Texas Constitution does not prohibit the enactment of a bill making the first offense a misdemeanor and subsequent convictions a felony.,Rule/Law/Holding
"He moved successfully in the Superior Court to suppress certain statements made to his supervisor, on the theory that the statements resulted from a custodial interrogation where full Miranda warnings were not given.",Facts
There was considerable testimony as to trails across appellant's premises as well as adjoining land.,Facts
"""So naturally, the Jury was led to believe that he had been a previous offender.",Analysis
"I asked him if he had had anything to drink, an alcoholic beverage, and he said, ""˜Yes,' he had had quite a few beers.",Facts
"Where no judgment of conviction was found in the record, the Court of Criminal Appeals had no jurisdiction of the appeal.",Rule/Law/Holding
"The offense is the unlawful sale of beer in a dry area; the punishment, one year in jail and a fine of $1,000.00.",Facts
"We took a portable radio, cigrette lighters and a watch, necklaces and other costume jewelry.",Facts
"The offense is defrauding with a worthless check in the sum of $47.51; the punishment, six months in jail and a fine of $250.",Facts
"Accident Investigator Middleton, who went to the scene, testified without objection that in his opinion the appellant's automobile was traveling south on Westmoreland and the Chevrolet automobile was traveling west on Ledbetter.",Facts
Appellant told Officer Senkel that his wife had fallen off the bed and hit her head.,Facts
"S. LaMothe, called by appellant, testified that the deceased and the appellant were wrestling over a gun when he first saw them, and the deceased was trying to hold the arm of the hand in which appellant had the gun; that they were about eighteen inches apart at the time of the first shot and on the second shot the deceased turned loose and ran; and he did not see the deceased with any weapon.",Facts
"In the absence of the jury on the issue of probable cause, the court heard testimony from the officers concerning reports they had received about the Gandy truck having been abandoned in the residential section of Big Spring many miles away from its usual route; about the fact that Gandy did not employ colored drivers, but that two colored men were seen walking away from the truck as it was parked; about two colored men soon there",Facts
The judgment is reversed and the cause remanded.,Conclusion
"The executive warrant issued by the Governor of Texas, directing the arrest of Marcilino N. Brito and his delivery to the agent of the State of Nebraska for return to that state, was introduced in evidence.",Facts
James Lyles and myself got into the 1950 Studebaker automobile and went toward Houston on State Highway 73 and spent the night at a motel near Greens Bayou or Channelview.,Facts
No statement of facts adduced on the trial accompanies the record.,Facts
"It is appellant's contention that he was not identified by Officer Campbell, to whom the confession was made, as the person who made it.",Issue
The statement of facts appearing in the record has been approved by counsel for appellant only.,Facts
The state here discharged its duty in showing the dry status of Smith County.,Facts
"The contention is that the clothing was not the subject of a lawful search and seizure, it being purely evidentiary.",Issue
Two relate to jury argument.,Facts
No error appears in the admission of the written statement in evidence.,Conclusion
"It is defendant's position that the Court lacks jurisdiction as Government Code §6500.10 prohibits actions against an individual defendant once a claim has been filed pursuant to the Government Claims Act, as was done in this case.",Analysis
This is an appeal in a bail bond forfeiture case.,Facts
"After washing the blood off he put her on the bed, took her clothes off, covered her with a blanket or quilt and ""gave her a towel and asked her to lie there ""” so her head wouldn't start bleeding again.""",Facts
Officer Hindman proceeded to the stock tank on the afternoon of October 24 where a search was made for the rifle but it was not found.,Facts
"The testimony of a physician who examined the injured party at the hospital shows that he suffered an incision two inches long and through the abdominal wall which cut the colon and caused a small length of the intestine to protrude; that the wound was serious, and two surgical operations were performed; that he remained in the hospital for one month and three days, and was under medical treatment about ten weeks; and that the knife exhibited to him at the trial was capable of causing death.",Facts
"The deceased also passed Vincent Lucio, his wife Isabella and his sister Mary Lou, who were at or near the corner where there was a bus stop.",Facts
The second objection was made to the introduction of the knife into the evidence.,Facts
"She stated that in a telephone conversation with appellant on Monday morning appellant asked her if she would like to work ""out here"" and start selling herself and suggested that she divorce her husband and prostitute in her own house, saying: ""We could make a lot of money.""",Facts
We are also unable to agree that the evidence is insufficient to show that appellant was the driver of the automobile.,Analysis
"Appellant's formal Bill of Exception No. 1 relates to the overruling of his motion for continuance, based upon the allegation that the expert testimony of Dr. Sutter was necessary for the proper defense of appellant.",Facts
The testmony of Officer Fredrich is substantially the same as that of Officer Maddox.,Analysis
"The accident occurred in the 1400 block of the Harry Wurzbach Road in San Antonio, Bexar County, at about one o’clock, p.m.",Facts
Chemist Metz testified that the needle was used for subcutaneous injections and the eyedropper was also adapted for such use into a human being.,Facts
In an appeal from an order revoking probation the review is limited to the question of whether an abuse of the trial judge's discretion is shown.,Rule/Law/Holding
"Mrs. Wilhite testified that on one occasion appellant asked her to have a coke with him and that she began to act ""fresh"" with him because she thought he knew where the daughter was and she wanted to get him to tell her.",Facts
We are unable to agree with appellant that the statement certified by the court as having been made by state's counsel may be reasonably construed as a reference to his failure to testify.,Analysis
"Appellant challenges the sufficiency of the evidence to support the jury's verdict on the ground that the state's only evidence of guilt came from one uncorroborated witness, Jackson, whose testimony was contradicted by appellant, his mother, and his grandmother.",Facts
"Therefore, the admission of the pictures in evidence was not error.",Conclusion
"The testimony of Armstrong showing prior transactions with appellant was admitted to rebut such theory, and to rebut the defensive theory that appellant had no intent to possess heroin and possessed it only because she was induced to do so by Armstrong.",Analysis
"A short time later, the appellant returned stating that he wanted a second ring and an additional $5 cash.",Facts
The wine and beer was offered in evidence.,Facts
"On July 5, 1960, hearing was had upon the report of his probation officer, and order was entered finding that appellant had violated said provisions and revoking his probation.",Facts
Officer Debenport testified that when he first reached him appellant said he was lost but denied that he was intoxicated and stated that he had been painting with turpentine all day and that the officer was mistaken when he thought he smelled beer on his breath because in fact it was turpentine on his hands which caused the unusual odor about his person.,Facts
"The witness Renfro testified that a few days after the date charged in the indictment at his place of business in Nacogdoches he purchased a rifle from appellant, giving him a check therefor, and that he later delivered the same to the officers.",Facts
The purpose of argument is to assist the jury in properly analyzing the evidence and arriving at a verdict based on the evidence alone.,Analysis
James Lyles took the skylight out and bored a hole through the roof with a brace and bit.,Facts
"The appellant did not testify or offer any evidence, and no brief has been filed on her behalf.",Facts
Only thing you can testify to is any voluntary statement the defendant made.,Rule/Law/Holding
"The Government asserts that ""... there is certainly a reasonable relation between the requirement of a translation on advertising signs and the heretofore referenced public interests which the statute was enacted to protect.""",Facts
"In addition, appellant testified to the same facts shown by the testimony to which he objected.",Facts
"Appellant’s waiver of service of citation, his appearance and participation in the trial on the merits, followed by his denial for the first time in his motion for new trial that he signed the bond, but without stating any excuse or justification for failing to raise such issue before, does not show any error in the refusal of the motion.",Analysis
He took possession of the pistol and identified it at the trial as the same one removed from appellant's car.,Facts
The complainant testified that she had skinned her knee and went to the hospital where her mother worked and had some merthiolate put on the injured knee.,Facts
"There was ample evidence from other sources sufficient to sustain a finding that appellant was in control of the premises,",Analysis
One of the conditions of such probation was that he commit no offense against the laws of this State.,Facts
"The state then adduced testimony from the witness George Hamilton, the clerk of Justice of the Peace McBride's court, over objections by the appellant.",Facts
With such contention we do not agree.,Conclusion
"All the evidence, both for the state and the appellant, shows that the appellant did not, as alleged, drive his automobile into and against Gary Wilks thereby inflicting serious bodily injury restulting in his death.",Facts
"""The robbery was a bold one.",Facts
"The charge of the court submitted murder with and without malice and aggravated assault, and the defense of accident, and instructed the jury to acquit unless they found beyond a reasonable doubt that appellant voluntarily and intentionally killed the deceased and that her death was caused by beating and striking with a bottle, as alleged in the indictment.",Facts
"Minor testified that he shot over the head of the injured party, who he was seeking to arrest, not intending to hit him but for the purpose of scaring him into submission.",Facts
"These motions to strike the testimony catae too late, hence no error is presented .",Analysis
The defendant was represented by Assistant Public Defender Richard Pipes and the Territory of Guam was represented by Deputy Attorney General R. Barrie Michelsen.,Facts
"From the papers it appears that appellant was convicted on September 1, 1959, in the State of Louisiana for the misdemeanor crime of criminal neglect of family and sentenced to serve one year in jail.",Facts
Failure to comply with the rules requiring the filing of briefs authorizes a dismissal of the appeal for the want of prosecution.,Rule/Law/Holding
The two affiants whose affidavits were attached to the motion for new trial executed the instruments on August 19 and,Facts
Such instruction required a finding by the jury of the constituent elements of the offense of oral sodomy as charged in the indictment and the charge does not present fundamental error.,Analysis
There is no. evidence to support his objection.,Facts
"If we properly construe appellant's brief, he now contends that the record raised an issue as to the voluntary nature of appellant's confession and that such question should have been submitted to the jury.",Facts
"Appellant testified that the boy said he was “old enough” to drink, that he looked like a “big boy,” and, had he known the boy was only fourteen, he would not have “sold” him the beer.",Facts
"The record contains no formal bills of exception, and the appellant has not favored us with a brief.",Facts
Proof was offered that an analysis of the white powder substance in each of the balloons showed that it was barbituates.,Facts
"In view of our disposition of this case, we shall pretermit a discussion of the other contentions raised by appellant and confine ourselves solely to the contention of jury misconduct.",Analysis
"The jury, under the charge, resolved the issue of whether the appellant had the beer for his own consumption against him.",Conclusion
"The Government asserts that Defendant ""has not carried the burden of affirmatively showing that as applied to him, the statute in unreasonable, unfair and oppressive.""",Facts
"The indictment was presented against the appellant on April 20, 1959.",Facts
"In the motion, he urged that the allegation in the indictment that he did attempt to procure the female for prostitution by ""means of offering her money"" was insufficient because it did not allege what the offer of money was for or the manner or the means by which the offer was made and was nothing more than a legal conclusion of the pleader.",Facts
The Hatcher boy shot at their car with a .22 rifle as it was being driven away.,Facts
"Count #1 of the indictment under which appellant was convicted alleged that on or about the 6th day of February, 1961, he did unlawfully ""by means of offering her money, attempt to procure, without her consent, Opal Wilhite, a female, for prostitution.""",Facts
"Presiding Judge Woodley, in the opinion of February 7, 1962, held, and set forth the reasons as to why, the formal bills presented nothing for review.",Facts
Appellant's second contention is that the court erred in failing to declare a mistrial when the State's witness Lozano gave an alleged unresponsive answer to a question while being cross-examined by his (appellant's) counsel.,Issue
"Although the issue is not squarely before the Court at this time, it will be noted that ""claims against"" GMH in §6500.19 may in fact mean suits against Health Professionals employed by GMH.",Analysis
The case was tried before the court without the intervention of a jury.,Facts
Appellant predicates his appeal upon two contentions.,Issue
We find no basis to disturb the punishment assessed by the jury.,Analysis
He further testified that after appellant left the store he called the owner of the store and the sheriff's department and that he later identified appellant in a police lineup.,Facts
"Art. 425 V.A.C.C.P., provides that the judgment nisi ""* * * shall state that the same will be made final, unless good cause be shown at the next term of court why the defendant did not appear.""",Rule/Law/Holding
The assistant cashier at appellant's bank testified that he had care and control of the bank's customer deposit records and that the $17 check was presented for payment in due course and was returned unpaid because of insufficient funds in the appellant's account.,Facts
"Sheriff Holts, who saw appellant after his arrest testified that he smelled ""some kind of strong alcohol on his breath--I was talking to the man and I had to run out of the way to keep him from urping on me in the office""; that ""he was to far gone, he was far from being on the border line.",Facts
"No reversible error appearing, the judgment is affirmed.",Conclusion
"Not being thus raised, the presumption of regularity obtains.",Conclusion
The Court is not deciding whether or not the Government may constitutionally require commercial signs to be translated into English or Chamorro.,Conclusion
Witnesses appearing for the state testified to facts which would authorize the jury to determine that the killing was murder with malice aforethought.,Facts
"He said he went to Lubbock and took that lie detector test and he took it of his own free will and accord.""",Facts
"Error is urged because the witness Howard testified that he thought the calf was taken out of the pasture; and that he thought the calf could have gotten through the fence unassisted, but he did not think it would.",Facts
""" ""˜There is no defense in this kind of ease except that he didn't write the letter.' """,Facts
"There was no locked receptacle to safeguard blood samples, and the sample was identified only by the name N. Brown, the defendant being Nauflet Brown, who did not testify.",Facts
He testified that he saw appellant there.,Facts
The admonition to tell the truth is not the type of inducement which would require a rejection of a confession.,Analysis
"""Why is it that a man claiming self defense would throw his gun in the tank.",Analysis
"The officer further testified that he found a loaded revolver-type pistol, with one spent shell, under the front seat and a shotgun in the back seat of the car in which the appellant was seated.",Facts
"On the evening of December 28, 1960, after the prosecuting witness, who was employed at a Veterans Administration Hospital, and her two companions returned home from work, one of the women went to the mail box around 6 p.m., and found a letter marked "" ""˜personal' "" and",Facts
"""Whether the accused appropriated the property or the proceeds of the sale of that property seems to be largely a question of intent.",Issue
"The trial court discharged the jury, after they had unanimously stated that they could not agree and thought it would be useless to continue to deliberate.",Facts
"As a result of the conversation, Glenda went to a drugstore and met the appellant, whom she had never seen before.",Facts
"They returned to appellant's home, played ball for awhile, and then turned the crank on an apparatus in the bicycle shop.",Facts
Opinion approved by the Court.,Others
"The offense is robbery with a firearm; the punishment, death.",Facts
We find the evidence sufficient to sustain the conviction.,Conclusion
"This matter came before the Court on Defendant's motion to quash request for jury on March 7, 1980, before Judge Richard H. Benson.",Facts
The executive warrant and other papers introduced in evidence show that appellant stands charged in the State of Nebraska with the crime of failure to support minor children.,Facts
The second claim that this Court lacks jurisdiction regards counts one and two of the fourth and fifth causes of action.,Issue
We first overrule appellant's contention that the court erred in permitting the state to prove the two prior alleged convictions by offering in evidence the authenticated prison records and the expert opinion evidence of Officer Ballew as to his comparison of fingerprints.,Conclusion
"Trial was had and notice of appeal given on October 20, 1959.",Facts
"Section 9 of that Act provided that the provisions of §8 would expire automatically one year from the effective date of that act, which was December 24, 1975.",Facts
The statement shows that the appellant had acts of sexual intercourse with the prosecutrix.,Facts
"Defendant was indicted for Theft by Deception on July 28, 1979.",Facts
"Mrs. Stockard, an employee of The Fair store in Fort Worth, testified that on the day in question appellant purchased some underclothes and tendered a check in the sum of $75.00 in payment thereof, identifying himself as James Powell; that she asked appellant to accompany her to the manager's office in order for him to approve the check; that he did so and, following a conversation with Mr. Ray, the manager, the check was approved and she delivered the merchandise and more than sixty dollars in change to appellant.",Facts
"The defensive testimony of appellant's father was that appellant and his wife and some friends were present at a birthday party for his (the father's) wife; that appellant and his wife lived nearby; that night he noticed no trouble between appellant and his wife; and that the party broke up about 1:30 or 2 o'clock, clock.",Facts
"He was successful in securing from the witness an admission that he could not remember all of their names and then propounded the question,",Facts
"Appellant, testifying in his own behalf, admitted seeing Tafolla at the Soto cafe on the day in question, admitted seeing Mandujano in the street and admitted a prior Federal conviction, but denied any connection with narcotics.",Facts
"The judgment rendered and entered recites that the following verdict was returned and entered: ""We, the jury, find the defendant Ed Workman guilty, and assess a fine of $25.00 and Court cost of $58.30.""",Facts
No objections were made by appellant to the charge nor were any requested charges presented to the court.,Facts
"The judgment nisi entered against the principal and sureties on the bond recites that the judgment would be made final unless good cause be shown by the surities on said bond why the defendant did not appear by ""filing a written answer at or before 10:00 o'clock A.M. of the Monday next after the expiration of 20 days after the date of service of Scire Facias or citation :J: * *",Facts
"As has been stated, the report was used only for the purpose of identifying the blood sample.",Facts
The record reflects that at the time appellant made the statement to the officers he was not under arrest.,Facts
"The indictment alleged that appellant, while operating and controlling an automobile, struck Thomas Abner Langford with said automobile and injured him, and that appellant unlawfully failed to stop and to render to Thomas Abner Langford all necessary assistance by failing to carry Thomas Abner Langford to a physician and surgeon for treatment required by reason of such injuries.",Facts
This is an essential element in the suspended sentence statute.,Others
"At the time of this trial, he was serving a term at the State Training School for having raped prosecutrix on the same night as is charged in the instant indictment.",Facts
Such is not the case before us here because the instrument relied upon is clearly a check.,Analysis
"The wound was described by the Harris County Medical Examiner, whose qualifications as an expert were stipulated, as being a knife wound 1% inches in length and 2 inches in depth, the edges sharply demarcated.",Facts
"On February 14, 1961, judgment nisi forfeiting said bond was entered in Criminal District Court No. 2 of Tarrant County when said cause was called for trial and the defendant, Willie Mack Daniels, failed to appear.",Facts
Our review of a court's action in revoking probation is limited to the question of whether an abuse of discretion is shown.,Rule/Law/Holding
The recognizance entered into by the appellant and his sureties does not state that they personally appeared in open court when the recognizance was made.,Facts
"The statement of facts, not having been filed within the time provided by the statute, may not be considered.",Rule/Law/Holding
We shall discuss the question raised by brief and in argument.,Others
"Charles Regusa, who owned the pickup truck and also owned and was driving the car being pushed, testified that while he was looking for his neighbor Morgan Ness, the driver of the truck, and was asking for him, the appellant ""walked up to me and said, T was driving the car.' and I said ""˜Are you hurt?' and he said, ""˜No.' """,Facts
He further testified that he had examined the body and had found three gunshot wounds.,Facts
The evidence was undisputed that appellant consented to the search.,Facts
"It is not clear from the facts in the Montello case as to when any discussion was had, but the dissenting opinion indicates that it must have occurred before the vote on the question of punishment.",Analysis
"He checked on her later and found her half way under the bed, ""I said, ""˜Good God, get in bed and lie down,' and she said, ""˜No, I am still sick.' I said, ""˜All right, lie there if you want to lie in that dirt,' and I went to the bathroom.",Facts
"Our examination of the record reflects that the State did show, by the witness Evans, that Sullivan made a second written statement on April 21, but that the same was not introduced in evidence.",Facts
By entering a plea of guilty the accused cannot restrict the right of the state to introduce relevant evidence showing the commission of the offense with which he is charged.,Rule/Law/Holding
Appellant contends that the court erred in overruling his exception to the second count of the indictment on the ground it did not allege the offense of negligent homicide in the second degree.,Issue
Attention is directed to the holdings of this Court in Angle v.,Rule/Law/Holding
No statement of facts accompanies the record.,Others
"Now, Officer Hutson, I believe you stated that you v had been on the police force seven years?",Others
"After such testimony was elicited from the witness over appellant's objection, similar testimony was later elicited from other witnesses by the state, without objection from appellant, and appellant also brought out similar evidence in his cross-examination of other witnesses.",Facts
"She related that the appellant said ""Bye"" to her, and she said ""Bye"" and left.",Facts
The relief to which appellant appears to be entitled is one appropriate to a mandamus proceeding in a proper court to require the county judge to permit the amendment of the bond.,Analysis
Appellant also contends that the evidence is insufficient to sustain the conviction because the State failed to disprove his exculpatory statement which was introduced into evidence by the State.,Issue
We find the evidence sufficient to support the trial court’s verdict.,Conclusion
"The careful trial judge submitted the issue of self-defense and defense of another; the jury resolved what conflict there was in the evidence against appellant, and we find it sufficient to support the conviction.",Analysis
The statement of facts reveals that the careful trial judge twice rejected the state’s tender of the two photographs into the evidence and that he did not admit them until the appellant took the stand in his own behalf and properly identified them.,Facts
The court submitted the issue of appellant's guilt to the jury under an appropriate instruction upon the law with reference to theft by false pretext.,Facts
"In this connection we direct attention to the fact that the blood was extracted in the Emergency Room from appellant who desired a test, and was taken from the locked box in the Emergency Labratory some 30 or 40 feet from where it was extracted and tested.",Facts
"Appellant, testifying in his own behalf, stated that at the time in question he worked for the Highway Department and owned a beer tavern; that he had been in Three Rivers where his tavern was located during the day preceding his arrest, admitted having drunk three or four beers during the course of the afternoon but denied that he was intoxicated.",Facts
"Five officers of the City of Houston Police Department went to the apartment of the appellant to execute a search warrant on October 3, 1960.",Facts
"The evidence is sufficient to support the jury's verdict and no error appearing, the judgment is affirmed.",Conclusion
The witness further stated that he recalled the Selby case coming up before any vote was ever taken on a verdict.,Facts
"In the absence of an objection at the time the deposition was offered and read, and in view of the waiver, appellant's motion for rehearing is overruled.",Conclusion
"“I believe that it was back last April of this year that I was with Robert ‘Mike’ Downey’s big brother and one night Mike, George ‘Pat’ Downey and David Hughes went to my home and I believe that it was at night I do not know the date but it was in April, after we arrived there I had a urge to see the boys without any clothes on so I asked them if they would pull off of their clothes.",Facts
The record reflects no formal bill nor informal bill of exception.,Facts
Toombs also had a witness to corroborate his denial of intoxication.,Facts
"Solon R. Featherston, upon being called as a witness by the State, testified that the signature on the check in question was not his signature and that he had not given the appellant his consent or permission to sign the same.",Facts
The judgment is affirmed.,Conclusion
"The question is whether the circumstantial evidence, viewed in the light most favorable to the state, is sufficient to sustain the jury's finding that the appellant is the person who committed the offense.",Issue
"The specimen which was analyzed after being taken from the locked box by Dr. Mason was identified by the paper wrapped about the container which contained information corresponding to the hospital records from which Dr. Gibbons testified, and which became a part of the records of the hospital, which Dr. Mason exhibited to counsel at the trial and from which he testified.",Facts
"The State's witness, Thelma Lucille Bundy, who was the driver and occupant of the automobile with which appellant collided, testified that she observed the appellant after the collision and expressed the opinion that he was intoxicated.",Facts
"This is a very strange result, and there is no indication that this was the intent of the legislature.",Analysis
It is the Court's opinion that to grant defendant's motion would not necessarily result in a fair and just solution to this clerical error.,Analysis
"State, 35 S.W. 973, a murder conviction, the punishment, a life sentence in the penitentiary, it was held that there was no abuse of discretion to discharge the jury because they could not agree after they were together 21 hours, including a night and time for meals, without defendant's consent; and therefore a plea of former jeopardy set up in the second trial was properly stricken out.",Rule/Law/Holding
Out there in the back yard.,Others
Relator is ordered discharged from confinement under such capias.,Conclusion
We overrule appellant's remaining contention that the evidence is insufficient to support the conviction because his oral confession to Officer Geffert was not corroborated.,Conclusion
"Appellant did not testify or offer any testimony in his behalf, and we find the evidence sufficient to support the conviction.",Conclusion
"He testified that he searched the immediate area and found no other person, and that he remained at the scene until the ambulance came for appellant.",Facts
"Officer Trickett further testified that appellant's wife jumped between him and the officers; that appellant cursed her and asked why she called the police; that after appellant struck her Officer Dillard took the gun from him; and that after he struck his wife again they ""started after him * * * .",Facts
Where did he call you to come?,Facts
"A thief would not be a bailee, and he would owe no rent.",Analysis
"The offense is burglary, with two prior convictions for felonies less than capital alleged for enhancement; the punishment, life imprisonment under Art. 63, V.A.C.C.P.",Facts
"There was never any loud talking, noise, communication with other patrons in the establishment, or boisterous or unseemly conduct on the part of any of them.",Facts
The caption of the act that appellant complains of reads as follows:,Others
"While Robert and the deceased exchanged blows, Robert placed the money in his left coat pocket which the deceased tore off, but Robert did not see the money fall out.",Facts
In the recent case of Bates v.,Others
"Testifying as a witness in his own behalf, appellant denied having gone to the home of prosecutrix on the night in question and having intercourse with her.",Facts
"If the objection to argument of state’s counsel is before us at all, it is by informal bill of exception under Art. 759a, Sec.",Rule/Law/Holding
"""As to the omission of the words ""˜Associate Store' from the indictment, we quote from 37 C.J.S.",Analysis
"The evidence fails to raise the issue that when he shot the deceased, appellant believed himself or anyone present to be in danger of death or serious bodily injury at the hands of the deceased, or that appellant shot the deceased because of any robbery.",Analysis
"These are once again against the individual named defendants, but in this instance based on allegations of intentional tort.",Facts
"Testifying in their own behalf, each of the appellants admitted having intercourse with the prosecutrix, but each testified that it was with her consent.",Facts
Fussell was at the time of this trial serving a term in the penitentiary for this theft.,Facts
"In the transaction Young received $34,737.85 worth of mohair and after deducting certain advances which he had made to the company and the difference",Facts
"Entrapment is also defined as ""the inducement of one to commit a crime not contemplated by him for the mere purpose of instituting criminal prosecution against him.""",Rule/Law/Holding
"The evidence, from the standpoint of the state, shows that appellant and one Robert Lopez went to a Lone Star Ice Station, produced pistols and had Wyman Jones, the night manager, open the cash register and put all of the cash and checks, except the pennies, in a paper bag.",Facts
"An affidavit by one of the members of the jury accompanies the motion, but said affidavit fails to mention the discussion pertaining to the film.",Facts
"Appellant did not testify, but called Earl Sony who testified that on the Sunday in question he and appellant went to Galveston early in the morning and returned around 5 or 5:30 P.M.",Facts
"The offense is abortion; the punishment, three years' confinement in the penitentiary.",Conclusion
"The application, with the affidavit, was admitted by the court ""for whatever its worth.""",Facts
"""It is therefore considered, ordered, and adjudged by the court that the defendant, Ed Workman, be immediately discharged from all further liability upon the charge for which he has herein been tried and that he go hence without day.""",Conclusion
"The state's position appears to be that the corpus delicti was proved sufficiently by the testimony showing that the 14 year old girl had had sexual intercourse with someone, and that this evidence aided by and together with appellant's confession is sufficient to sustain the conviction.",Analysis
"While the evidence may show that appellant emptied his own gun on Dodson before using Dodson's gun, it does not cause a variance.",Analysis
The rule relied upon by appellant does not appear to be applicable here.,Analysis
"At the close of the State's case, appellant asked for a delay so that the sheriff might locate an unnamed witness who worked at a garage in either Cisco or Eastland whom he contended could support his defense of alibi.",Facts
"Testifying as a witness in his own behalf, appellant admitted shooting the deer from his stand on the 10-acre tract and testified that the first shot was fired when the deer was inside the 10-acre tract.",Facts
"Under the record, we find no error in admitting such testimony.",Conclusion
"The record further reflects that the jury retired for its deliberations about 7:00 P.M. on October 7,1960, and that they were discharged by the court over twenty-six hours later.",Facts
The prior opinion is withdrawn and the following is substituted therefor.,Others
It was also held that although the,Others
"""MR. KNIGHT: Just one minute, may it please the Court.",Others
"The copy served upon appellant was a true copy of the original except the three blank lines in the lower left hand corner of the original were not shown on the copy and the words ""Value received and charge to account of________with exchange"" in the original indictment were transcribed in the copy ""Value register and check to account of________with exchange"".",Facts
We are unable to agree that the language used by the prosecutor was a reference to appellant's failure to testify.,Analysis
"Detective Privett of the Lubbock police testified that on the day in question he was concealed, along with the park's policeman Barnett, in a tool shed which opened into a latrine located in one of the city parks; that both he and Barnett were observing the inside of the latrine through holes in the door; that appellant came in and waited around a while without availing himself of the facilities of the latrine until a man, whom he later determined to be named Pelton, entered and very shortly thereafter lowered his trousers, pulled up his shirt, and bent over holding on to his ankles, and since he was not wearing underclothes this left his entire rectal area exposed.",Facts
"At the hearing, the state introduced into evidence the executive warrant of the governor of this state and also the requisition of the governor of Louisiana.",Facts
"It appears that Mrs. Jackson also talked to the appellant, and he told her that he wanted to take Doris Green home.",Facts
This automobile was borrowed by James Lyles.,Facts
The witness then testified that he assisted in taking appellant to jail.,Facts
"He stated that Tafolla and appellant walked together to a shack on Montezuma Alley, which they entered and where they remained approximately ten minutes, and when they emerged they walked back to the Soto cafe, at which point they separated, and Tafolla proceeded back to the government automobile.",Facts
"Appellant was tried before the court upon his plea of not guilty to a complaint and information charging possession, not for evidence purposes, of policy plays designed and adaptable for use in connection with a policy game.",Facts
"We are unable to agree that the description of the narcotic drug by its trade name, ""dolophine"", was insufficient to charge an offense under the statute and to apprise the appellant of the offense charged against him.",Analysis
"When the court's attention was called to the fact that the State had not completed the proof as to the chain of custody, the court instructed the jury to disregard the exhibits and stated that the jury had not seen them because they were in a sack.",Facts
The appellant took the stand and testified in his own behalf.,Facts
"Second, we must determine whether or not the court should have provided for a mortgage in favor of the defendants so that their right to secure payments due them under the settlement agreement would be protected.",Issue
"These officers are doing exactly what they are paid to do, by you and all other taxpayers.""",Others
"The state's evidence was to the effect that the appellant was observed by officers using binoculars who testified that they saw him get into an automobile with other occupants and go in a northeasterly direction from appellant's house; that they watched appellant as he unloaded some boxes of alcoholic beverages; that iearly the next morning the officers found 12 quarts of wine and some beer at the place where they saw appellant unloading the beverages; that at the place where appellant was barbecuing hogs, the officers found a quart of wine and nearby a half-carton or 12 cans of beer.",Facts
With that holding we still adhere.,Conclusion
The refusal to grant appellants permission to cross-examine the prosecutrix and the two witnesses as requested deprived them of a valuable right which was prejudicial and calls for a reversal.,Conclusion
This case is hereby dismissed.,Conclusion
Trial was in the county court upon an indictment returned in the 30th Judicial District Court of McMullen County and by that court transferred to the county court.,Facts
The admission of such evidence was not error.,Conclusion
No jury had been empaneled.,Others
The statute was enacted in 1951 (Acts 52nd Legislature p. 447).,Facts
"The information in the instant case charged two different ways under the statute that appellant committed the offense, namely by inviting the minor to go to the place where intoxicating liquors were sold and by causing him to drink intoxicating liquor.",Facts
Witnesses were called by appellant who testified that they had observed him prior to the collision on the afternoon in question and expressed the opinion that at such time he was not intoxicated.,Facts
"The question having been asked and answered before the objection, and there being no effort to have the evidence withdrawn from the jury, no error is presented warranting reversal.",Conclusion
"He identified appellant as the man, and stated that, upon being asked if anyone was with him, appellant replied, “I was by myself.”",Facts
"Notice of appeal was given August 16, 1960, but formal bills of exception were not filed until November 22, 1960, which is more than the ninety days allowed for filing bills of exception under Art. 760d, V.A.C.C.P., and they cannot be considered by this court.",Facts
Appellant contends that the trial court erred in admitting evidence of the search of his automobile and the results thereof on the ground that the search was illegal.,Issue
The issue of appellant's intoxication was sharply contested.,Issue
"Finding the evidence sufficient to sustain the jury’s verdict, and finding no reversible error, the judgment is affirmed.",Conclusion
"Thereupon, the jury was retired and in their absence appellant offered in evidence a certified copy of an indictment which charged Sullivan as an accessory after the fact to the offense of murder for which appellant was on trial.",Facts
Did you have any conversation with the defendant at any time?,Others
"Such a position does not take, into account Government Code §6500.20, which specifically allows ""further proceedings against the employee"" if ""the Court certifies that it would have awarded the claimant more but for the limitations of 6500.13.""",Rule/Law/Holding
"The State's evidence is undisputed that appellant came into the drive-in grocery store where Ellis Dodson, the complaining witness, was working, on September 4, 1960; that the store belonged to Dodson's son; that appellant ordered a cold drink; that at this time there were other persons in the store and the other persons left and appellant said, ""Give me another of the same""; that Dodson went to the icebox or refrigerator to get the cold drink and when he turned around he saw appellant standing by him pointing a gun at him; that while pointing the gun at him appellant told Dodson to give him his purse; that at this time appellant's gun was pointed at Dodson's body; that Dodson was in fear of losing his life or of suffering serious injury at the hand of the appellant; that Dodson gave appellant his personal money, about $146.00, out of his purse and appellant put the money in his pocket; that appellant said, ""Let's go to the cash register""; that when Dodson got to the cash register appellant said, ""Open it up""; that appellant said, ""Give me the money,""",Facts
The Bickmores also stayed in the bed during the following night.,Facts
"The offense is robbery by assault, with a prior conviction for a felony of like character alleged for enhancement; the punishment, life imprisonment.",Facts
Appellant raises three questions on appeal.,Facts
One complains that the jury was not instructed that there must be resistance upon the part of Mrs. Evans.,Facts
ON MOTION FOR REHEARING,Others
"15, V.A.C.C.P., authorizes all persons confined in penal institutions of this state, except those persons under the sentence of death, to be released on parole after recommendation by the pardons board and the approval of the governor, when one-third of the maximum sentence imposed has been served, with the further provision that one may be paroled ""”in any case""” after serving fifteen years.",Rule/Law/Holding
We also overrule the contention that the trial court erred in failing to charge on circumstantial evidence by reason of the proof that he was the driver.,Conclusion
Tommy Box died several days later from gunshot wounds in the head and neck.,Facts
"While proof of the details of prior offenses committed by an accused is not permissible, we do not consider the inquiry made of appellant with reference to the punishment assessed in the two prior convictions and the time he served in the penitentiary as constituting proof of the details of the offenses committed.",Analysis
"Appellant and one James Lyles were arrested in Houston the following afternoon when they were seen in the automobile which had been parked near the drug store, description and license number of which had been reported to Houston officers.",Facts
"On the first night, he had a girl companion of his own but on the second night, being unable to secure any company, he, appellant and prosecutrix proceeded in his automobile to a secluded spot in the country.",Facts
"The evidence is sufficient to support the conviction, and no error appearing, the judgment is affirmed.",Conclusion
We hold that the evidence was obviously not admissible for any purpose.,Conclusion
"As these provisions have been construed by the highest courts of this state as well as by the Supreme Court of the United States, a state law is not repugnant to either constitutional provision so long as unequal treatment of persons is based upon a reasonable and substantial classification of persons.",Analysis
"Our state's attorney before this court so concedes, and confesses error.",Facts
"The next witness, J. W. Mann, testified that his first ballot was for forty years; that he heard the Selby murder case mentioned only after they (the jury) had cast several ballots and had found appellant guilty; that Selby had been given a life sentence ""and could get out in 7 or 8 years""; that before the jury arrived at a unanimous sentence of life there was a discussion as to the meaning of ""life"" being seven or eight years.",Facts
The court instructed the jury not to consider this statement.,Facts
"We are cited no authority, and know of none, which would hold such argument to be a reference to appellant’s failure to testify, or to be reversible error.",Analysis
"The act, as amended, raised the age of children from “under sixteen years of age” to “under eighteen years of age.”",Rule/Law/Holding
During the game Robert accused someone of taking $5 of his money.,Facts
No brief has been filed on behalf of the appellant.,Facts
"Plaintiff contends that §6500.15 of the Government Code, which prohibits of jury trial in claims against the Government, is repealed by §680.1 of the Code of Civil Procedure, which provides for jury trial in ""all cases at law"" exceeding twenty dollars ($20.00).",Analysis
Appellant's remaining contention is that the evidence is insufficient to sustain the conviction.,Issue
"""I started looking for the ones that were hurt for the ambulance to pick up and I run by the pickup and passed the car setting Mr. Widner's drive, and I saw him coming back.""",Facts
"While neither the requested charge or the charge given by the court were complete and entirely proper charges under Art. 1223 V.A.P.C., the refusal of appellant's requested charge does not present reversible error.",Analysis
The one juror who did not raise his hand and who did not say he could agree on a verdict testified that the others were too high.,Facts
Whether this violation was committed before or after probation was granted is not shown.,Facts
"The relator was attorney of record for the defendant, Milton C. Kitchens, in Cause No. 14,498, styled The State of Texas v. Milton C. Kitchens, on the docket of the district court of Bell County, Texas.",Facts
"""AND THE GRAND JURORS AFORESAID, upon their oaths, in said Court, do further present, that on or about the 6th day of April, A.D., 1960, and anterior to the presentment of this indictment, in the County of Uvalde, and State of Texas, Louis M. Schwartz was an officer for an incorporated company, to wit: L. Schwartz Company, and by virtue of his being such officer the said Louis M. Schwartz came into possession, care and control of certain mohair, to wit: 3693 pounds of mohair, of the value of $4,062.30, belonging to Clifford Gee, and which said mohair had theretofore come into the possession, care and custody of the said L. Schwartz Company, as agent for the said Clifford Gee for the following purpose, to wit: the said L. Schwartz Company was to sell said mohair for a sum of money sufficient to pay the said Clifford Gee $1.10 per pound for said mohair, to collect the proceeds for the sale of said mohair, and pay over to the said Clifford Gee the sum of $1.10 per pound for said mohair from the proceeds of said sale; and the said Louis M. Schwartz did then and there fraudulently misapply and convert to his own use the said mohair, without the consent of the said Clifford Gee, the owner thereof.""",Facts
"It follows that the statute here in question, like Articles 1389 and 1390 defining burglary, are to be construed in the light of other provisions of Chapter 5 and 6 of Title 17 of the Penal Code, including Arts.",Analysis
No brief has been filed on behalf of appellant and no formal bills of exception appear in the record.,Facts
"Appellant filed a motion to reinstate the appeal and sought to amend the bond by filing a new bond, claiming his right to do so under the provisions of Art. 835, Vernon's Ann.",Facts
While driving between the two places appellant and Vaughn finished their drinks.,Facts
Appellant also contends that the search of the cabin without a search warrant was an illegal search and the court therefore erred in admitting in evidence the results of the search.,Issue
The separation of a part of the jury with an officer is not cause for reversal if no probable injury is shown.,Rule/Law/Holding
Affidavit for Attachment and Undertaking on Attachment and obtained a Writ of Attachment from this Court.,Facts
In order to constitute a threat under Arts.,Others
"Appellant testified in substance that he was at his home at the time the rape was committed and called his wife, who corroborated his testimony.",Facts
You know that of your own knowledge don't you sir?,Others
"If the appellant heard deceased's statement and it was known or thought to be true by the appellant, it would furnish a motive for silencing Farris by killing him.",Analysis
"In changing the penalty, the bill went beyond the express limitation of its caption, and, under section 85 of article 3 of our Constitution and authorities, this destroyed its effectiveness as a law.”",Analysis
"On November 26, 1979, a Motion to Suppress was scheduled in the Superior Court in People of the Territory of Guam v. Larry J. Flores, (S.Ct.",Facts
"This Court has often held that an affidavit identical to the one above constitutes a sufficient recitation of ""probable cause"".",Rule/Law/Holding
"We find the indictment to be in the usual form, which has been approved many times.",Conclusion
"If appellant was driving the 1951 Ford, he complied with the first requirement of Art. 1150 P.C. and Art. 6701d, Sec.",Analysis
We shall discuss the matters presented by the bills of exception and which are urged in the brief:,Others
Another driving while intoxicated case is Atkinson v.,Others
"Within a matter of minutes, McDade confessed, but told the officers that they had left the body of the deceased",Facts
Did you go in the house?,Others
"The witness Walter Sekaly, in his testimony given at the injunction hearing, testified that on numerous occasions, prior to December 3, 1960, he had seen William Sekaly accept bets on horse races and football games at the Texas Club in Beaumont.",Facts
"Testifying in his own behalf, the appellant denied committing the offense charged.",Facts
"The record shows that such outcry was made by the prosecutrix to her husband shortly after she was raped and, at the time, she was crying, nervous, and in shock.",Facts
"The evidence shows that appellant knew that his companions were going to rob the service station operator when they got out of his car, that he waited nearby to carry them to safety, and that he expected to share in the fruits of the robbery.",Facts
"The indictment, the recognizance, the judgment nisi and the mandate of the Texas Court of Criminal Appeals affirming the judgment of the trial court were introduced in evidence and they appear to be regular and valid.",Facts
"The overruling of the objection upon the ground ""Conclusion and is repetition"" was not error warranting reversal.",Analysis
"""Neither in the name of the offense nor in its elements can the statute be identified as one under which a prosecution for theft can be maintained.""",Analysis
"He testfied that appellant, who was in the back seat with prosecutrix, took off his pants; that he saw prosecutrix naked, lying on the back seat with appellant on top of her, where he remained for some twenty minutes, moving up and down; and that he heard prosecutrix utter the words ""don't"" and ""stop"" during this period.",Facts
"The arresting officer, while testifying, identified each of the appellants and said that they were just outside the double doors between the restaurant and the terminal lobby when he arrived about 7:30 P.M.; and also that there were 30 to 40 other persons at and near the door of the restaurant.",Facts
That question is not before the Court.,Others
"The evidence is sufficient to support the conviction and no reversible error appearing, the judgment is affirmed .",Conclusion
"The testimony as to the general reputation for virtue and chastity of the prosecutrix, offered after appellant had testified that she did not resist but in effect consented, was properly admitted.",Analysis
"Witness Hemphill related, again, that appellant was unsteady and staggered when he walked; that when he stood still the upper half of his body would weave back and forth.",Facts
""", and the narcotics registry number ""1305"", and thereby obtained from the pharmacist, and the pharmacist placed in his hand 100 dexamyl tablets, dexamyl containing amphetamine.",Facts
"We do, however, conclude that the evidence as hereinbefore stated was sufficient to corroborate Tafolla's testimony and to support this conviction under the charge as given.",Conclusion
"E. Storey identified the pistol he waited, as he was asked to do, until police arrived, then was taken to the police station where he made a statement.",Facts
"Since the facts are substantially the same, we shall here pretermit a detailed discussion and adopt the facts as detailed in Bridges, supra, in the interest of brevity and to portray the entire testimony.",Others
Appellant contends that the trial court erred in changing the venue from Hardeman County to Wilbarger County on the ground that a second indictment had been returned and he had not been arrested or made bond under the second indictment.,Issue
Appellant's sole contention on appeal is that the evidence is insufficient to sustain the conviction.,Issue
Reference is also made to the writer's dissent in Lindsey v.,Others
The officer testified that appellant consented to the search of his room.,Facts
"Accordingly, the judgment is reversed and the cause is.",Conclusion
He further stated that he had never given the appellant permission or consent to hunt on or shoot across the land.,Facts
"That motion was granted by an order filed July 13, 1978 which stated that ""plaintiff failed to comply with the Government Claims Act. .",Facts
"Officer Maddox further testified that about a month later, while in a club approximately three blocks from the cafe above mentioned, the appellant ""approached me and he said that he and his brothers, his relatives, owned approximately two thousand acres of land in West Texas, and that it would be worth about seven hundred acres of that land if I could help him get out of this.""",Facts
The Hatcher family resided near a curve on the highway three and one-half miles from Morton and about thirty-five miles from Littlefield and were awakened by a loud noise about 4 A.M. on January 4.,Facts
"The grand juror testified, without objection, that the appellant had appeared before the grand jury and had been told that he did not have to testify but was free to leave which he declined and then he was handed his written statement which had been introduced in evidence by the state.",Facts
Horton testified that when he next saw the calf it was back in the pasture sucking its mother.,Facts
"The witness then testified without further objection: ""And what clothes did he point out to you, sir?""",Facts
"The arresting officer, Abilene Police Patrolman Dorrough, expressed the opinion that appellant was under the influence of intoxicating liquor when he stopped the pickup truck he was driving.",Facts
"At best, he said that they were the same type of shells.",Facts
"It is not sufficient that the language might be construed as an implied or indirect allusion thereto.""",Analysis
"It was shown on the hearing of appellant's motion to quash that there were no women on the Grand Jury which returned the indictment against him and, except for the years 1955 and",Facts
"The State adduced testimony from Dr. Ross L. Curtis, Jr., to the effect that he was a licensed and qualified physician with a specialty in general surgery; that he saw Dodson on September 4, 1960, in the emergency room at Baylor Hospital; that Dodson was ""considered to be very critical; even almost to the point of death""; that Dodson was suffering from gun shot wounds; that Dodson remained in very critical condition for about one week and that Dodson is still under his care.",Facts
"""MR. BROWN: Your Honor, we object to any conversation that they had after he was placed under arrest.",Others
"While the deceased was forcing him outside, Robert's pistol began to slip from him and the appellant took it.",Facts
"Appellant's first contention is that the court committed reversible error in permitting Customs Officer Hauff to testify before the jury that on the day in question he had received information that the appellant was going to take the delivery of a quantity of marijuana near the Montalvo Cafe in Harlingen, over appellant's objection that the same was hearsay.",Issue
"Jerry Daniel, a sixteen-year-old boy, testified for the State and recounted how he had introduced appellant to prosecutrix and accompanied them on their two dates.",Facts
"The girl named in the indictment testified that she was 14 years old and that she was living with her father and that her mother was in the hospital on the date alleged in the indictment, but she denied that he had sexual relations with her at that time.",Facts
"The indictment under which appellant stands convicted charged the burglary of a house occupied and controlled by Robert Ward Gehm and alleged that the offense was committed on or about the 14th day of June, 1961.",Facts
In the interrogation appellant told Johnson that he had shot the deceased with a .22 rifle after an argument.,Facts
We will stipulate that he had a broken leg.,Facts
"Upon motion of appellant's counsel, all further proceedings in this court were suspended and the cause was ordered retired from the docket until it should be properly shown that appellant had been restored to sanity.",Facts
"Furthermore, the record does not show what the answers",Analysis
"Paragraphs No. 2 and 3 alleged two prior convictions, in the years 1954 and 1956, for the offenses of breaking and entering a motor vehicle, being felonies less than capital.",Facts
With such contention we agree.,Conclusion
Appellant did not testify and offered no evidence in her own behalf.,Facts
"I concur in the affirmance of this conviction because the officer testified that at the time he searched appellant he was of the opinion that appellant was ""drunk"" in a public place.",Facts
The witness testified that appellant then reappeared on the scene with another of his guns which also was missing and stated that he found it in the back yard; that appellant stated he did not know how the guns got in his automobile and that he had been out hunting for the witness' dog.,Facts
"C. Evans, who went to the scene, investigated the accident and placed appellant under arrest, testified that in his opinion appellant was intoxicated.",Facts
Appellant swore that he never carried his rifle outside the 10-acre tract but left it at the stand before crossing the fence into the large tract.,Facts
"While there may be merit in viewing this case from the standpoint of the admissibility or inadmissibility of the evidence relating to the prior convictions, as briefed by the appellant and the state, on the question of whether or not it was necessary to identify the appellant and the witness, we think that, properly, these prior convictions for the offense of vagrancy should be viewed and tested by the rules of admissibility of evidence showing prior convictions for offenses involving moral turpitude.",Analysis
It cannot be presumed that the legislature intended to undo or repeal an act to which it had but just assigned a valid function.,Analysis
"In his brief and in argument, appellant complains of the overruling of his motion for new trial which alleged that the prosecutor committed error during the course of his argument and that new evidence had been discovered.",Facts
"They cannot be considered by this Court as they were filed after the 90 days provided in Article 760d, V.A.C.C.P.",Rule/Law/Holding
"Officers answering a report of the robbery were given a description of the robbers, and appellant and Lopez were found four or five blocks away, sitting on the curb with the sack of money between them.",Facts
"The mother of the complainant testified that when she came home from work her daughter was crying, was very upset, and had to be put to bed.",Facts
"At this point appellant told the deceased that if Robert owes you $5 he (appellant) would pay it, but Robert then said that he did not owe him any money.",Facts
The record reflects that the witness complied.,Facts
"The officers further testified that after conversing with the three individuals under arrest and, acting upon information given by them, they went to appellant's house and found him standing in a closet of a rear bedroom behind the clothes.",Facts
"Agent Sherman then gave $30 to the informer, who returned to where the couple were seated and handed the money to appellant's companion, Helen Jackson.",Facts
The punishment assessed is within the limits prescribed by statute.,Analysis
His possession of the property as an employee is sufficient under our robbery statute.,Analysis
Officer Melvin testified that he went to the market near Airline Drive on two occasions and was unable to determine that such a sale as the appellant described had taken place.,Facts
"In response, the defendant argues that he was concerned that he might lose his job if he refused to answer certain questions and that he was afraid that he would be arrested if he left the office.",Facts
"The warrant was served on appellant, who was in the front part of the cafe.",Facts
Appellant complains of the refusal of the trial court to grant a mistrial when a state's witness volunteered information that appellant had taken a lie detector test.,Issue
"It was brought out on cross-examination that Officer Cox offered to give appellant a urine test, but he refused it.",Facts
The judgment of the trial court refusing bail is affirmed.,Conclusion
No brief has been filed in appellant's behalf and there are no bills of exception.,Facts
"Appellant's mother and grandmother both testified that they had never seen appellant wearing a hat, and that prior to June 19 Mendenhall had come to their house, where appellant lived, to borrow the suitcases.",Facts
The final motion to be disposed of is a summary judgment motion on the second cause of action.,Analysis
The knife was described as having a sharp blade,Facts
They also presented to him the Gulf credit card and by,Facts
Appellant did not testify or offer any evidence in her behalf.,Facts
The two men talked together in low tones.,Facts
"It is further contended, that in the absence of a showing that the statement was not a part of the res gestae, no error is shown under the rule followed by this Court in Garland v.",Rule/Law/Holding
"which provides that the term ""dangerous drug"" includes amphetamine or compounds or mixtures thereof, except preparations for use in the nose and unfit for internal use, and includes any barbiturate or other hypnotic drug.",Facts
"The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.",Conclusion
How long would you say?,Others
"As we view the matter, the only persons in actual possession of the knowledge and information as to the plan, purpose or design and intent of relator and the defendant were these parties themselves.",Analysis
"The prosecutrix testified that, on the night in question after she had retired around 11:30 p.m., she was awakened by a man who was lying on top of her; that when he attempted to have intercourse with her she screamed, got out of bed, and the man then dragged her into an adjoining room where her baby was sleeping; that the man threatened to cut both her and the baby and threatened their lives; that, after she quieted the baby, they then returned to her room where the man tore her gown off and had carnal knowledge of her against her will and without her consent.",Facts
Almost immediately a brown pickup driven by the appellant drove up beside Mrs. Jackson's car.,Facts
"From these facts, the trial judge found in the judgment that the court was fraudulently misled and caused to recess on the request of relator and the relator fraudulently effected the absence of defendant in the cause and prevented the court, in the absence of a plea, from proceeding with the trial of the cause, as he might have done had the plea been entered prior to the time Kitchens voluntarily absented himself.",Analysis
"Appellant, testifying in his own behalf, stated that he had worked inside painting an apartment house all day using shellac mixed with pure grain alcohol, that he had absorbed the fumes therefrom which caused him to walk unsteadily and smell as if he had been drinking, but that he consumed no alcoholic spirits and was not intoxicated.",Facts
"Appellant was convicted, upon his plea of guilty, of the offense of robbery, and his punishment was assessed by a jury at confinement in the penitentiary for a term of 40 years.",Facts
We have carefully reviewed both of these cases.,Others
"The record shows that the appellant and Arthur Samuel Brundrett were separately indicted September 19, 1960, for committing the same act of robbery.",Facts
"I just came in and I had been gone ten days, and she said, T will get something from somebody/ that is when I lost my temper and hit her on the side of the head with the wine bottle.",Facts
"Under the record, with entrapment interposed as a defense, the evidence of prior sales of heroin by appellant to the witness, although extraneous offenses, was admissible on the issue of her intent.",Analysis
The judgment of contempt assessed relator's punishment at a fine of $100.00 and imprisonment in jail for 72 hours.,Facts
"Police Officer Jack Scott, of Bellaire, saw an automobile parked near a drug store about 3:20 A.M. Appellant was sitting in the parked car.",Facts
Appellant's wife testified that she and her husband left the party for home; that they had no trouble; that she was talking to a woman next door when police cars drove up and the officers went in the house and shined a flashlight in appellant's face.,Facts
"Finding the evidence sufficient to support the conviction, and no reversible error appearing, the judgment is affirmed.",Conclusion
"On cross examination, he admitted that after appellant hit him he grabbed Fuller's pistol and would have killed appellant if he had not been prevented from doing so.",Facts
"The evidence is sufficient to support the conviction, and no error appearing, the judgment is affirmed.",Conclusion
The record as perfected shows that the statement of facts and formal bills of exception were timely filed in the trial court and are now properly before this Court.,Facts
"Though he did choose to return to to the scene as a spectator prior to the removal of the bodies, his own witness admitted that she did not see appellant ""at any time attempting to render any aid"" or ""making any arrangements at all to assist.""",Facts
"And, how was his walk at this time?",Others
"Mrs. Joyce Wisnoski, a sister of the appellant, testified that she was visiting in her father's and mother's home when it was searched; that appellant had left a short time before the officers entered the house with him, and that appellant lived at another place.",Facts
The appellant complains of the testimony of Mrs. Box during her cross-examination as to the identity of the two men that came into the store.,Facts
"While there, he met Betty Miller (appellant's ex-wife and a former waitress at the bar in question), who had come from Clovis, New Mexico, with a group of eight people, one of whom was appellant.",Facts
Appellant's voluntary statement made to Officer Campbell after his arrest was introduced in evidence by the state.,Facts
This question was raised for the first time on appeal.,Facts
"These questions were actually suggestive, opinionated, conclusive questions, but they were answered in the negative.",Facts
The motion to dismiss as to these counts is therefore DENIED.,Conclusion
"The officers proceeded to make a forced entry into the apartment, at which time appellant and his companions ran toward the rear of the house.",Facts
"Under the record presented, we find the evidence sufficient to sustain the conviction.",Conclusion
"Darden Jr. testified: ""I could tell he was drunk ""” by the way he was staggering"" but did not get close enough to smell his breath.",Facts
"It is shown by such, that appellant had made an appointment with Dr. Sutter after his arrest and before the day of trial, but that he failed to keep said appointment.",Facts
The appellant did not testify or offer any evidence in his behalf.,Facts
No hospital records were offered.,Facts
The appellant was then taken to the Liberty County Courthouse where he was picked up by officers of the Harris County Sheriff's Office.,Facts
"Without giving any notice, the appellant did not return the car on January 16, and January 18 manager Edens of Hertz began a search for the car only to learn that appellant had been seen in Fort Worth, and on January 20 he filed a complaint in El Paso charging appellant with the theft of the car.",Facts
"At approximately 7 A.M. January 4, the Hatcher car with dirt and trash on the front seat was found on a street in Little-field.",Facts
"She was asked: ""Where did he kiss you?""",Facts
"She said, ""˜Well, I will show you/ so I kept begging her, not to get drunk again, because I didn't want her to get drunk.",Facts
The jury had the opportunity to observe appellant and determine by comparison with the description in the record whether he was the same Morris S. Jean as the person previously convicted.,Facts
"The Court: ""All of you hold up your right hand that feel that way about it.""",Facts
No proof was offered showing that the principal had good cause for not appearing and attending the court as he had bound himself to do in the recognizance.,Facts
That he had ahold of?,Others
"We think it necessary for the judgment in a contempt case to be specific and definite and almost as certain in its terms as an information or an indictment, so that the relator will be fully apprised of his alleged act of misconduct.",Analysis
"We find no error in admitting the letter in evidence, as the quoted phrases set out in the information were exactly as contained in the letter.",Conclusion
"Under the record, the statement was not res gestae.",Analysis
The Court first will examine this claim as regards the first and third causes of action.,Analysis
Edward Turner testified without objection that later that night appellant was in his cafe pointing a pistol at another person and that he called the police.,Facts
I don’t remember but I could have been playing with my peter also that night.,Facts
"The offense is felony theft; the punishment, two years.",Facts
It is from this reformed judgment that appellant prosecutes this appeal.,Facts
"Appellant next insists that the court's charge was fundamentally erroneous because the abstract definition of the offense given by the court informed the jury that certain acts, not charged in the indictment, would constitute the offense.",Issue
"5 and 6, respectively, the argument complained of was:",Others
"He related that appellant's speech was slurred; that he had a strong odor of alcohol on his breath; that he searched the car and found two pint bottles of whisky, one empty and the other one partially empty.",Facts
"Mrs. White, the operator of the store, identified the appellant at the trial as one of the persons who entered the store.",Facts
In this he fell into error.,Others
"The state's evidence further shows that there was a trail leading from the house where appellant lived alone to where the wine and beer was found, a distance of some four or five hundred yards.",Facts
Unequal treatment of persons under a state law which is founded upon unreasonable and unsubstantial classification constitutes discriminatory state action and violates both the state and federal constitutions.,Rule/Law/Holding
"O’Sullivan v. Brown, 171 Fed. 2d 199, cited by appellant, may be distinguished by the fact that to enter the premises there in question one of the general public must arrange for a pass from the building manager or the Army personnel in charge, and once inside the grounds, the visitor is under military escort.",Facts
"The proof of appellant's possession of the property recently stolen from the house, under the facts and circumstances shown, is sufficient to support the jury's verdict finding him guilty.",Analysis
"The conviction is for failure to stop and render aid; the punishment, one year in jail and a fine of $500.",Facts
"Prosecutrix, a sixteen-year old Houston girl, testified that she was introduced to appellant by Jerry Daniel, whom she had known for a number of years, and that Jerry accompanied her and appellant on the two dates she had with appellant.",Facts
"In this collateral attack, the burden is upon relator to overcome such presumption, and, in the absence of any evidence, this court must accord the judgment of the trial court full dignity and uphold it unless the alleged misconduct would not as a matter of law constitute a contempt, and unless the judgment entered by the trial court is lacking in some essential element, such as being too general in its terms, or too vague and indefinite in its terms to support a valid order or judgment of contempt.",Analysis
"A paraffin test, which was made on the appellant's hand, revealed a heavy concentration of nitrate particles on his right hand indicating that he had recently fired a gun.",Facts
"J. Geffert of the Houston Police Department, Narcotics Division, testified that on the day in question, he had a conversation with appellant, who at such time was incarcerated in jail; that in the conversation, appellant told him that if he would go to a motel at 4012 Airline, cabin No. 1 where appellant lived, ""I would find the rest of the pills and narcotics that he had at that location""; that with appellant's consent he went to the address and searched the cabin; that in the search he found a hypodermic needle and eye dropper under the sink in the bathroom and four bottles containing an assortment of pills and capsules in a suitcase.",Facts
The evidence is sufficient to sustain the conviction.,Conclusion
The motion for rehearing is overruled.,Conclusion
Andrus got out of the deceased's car when he heard the first shot and ran to the deceased who told Andrus that he had been shot and asked Andrus to get him to a doctor.,Facts
"The remaining ground for reversal relates to the court's charge wherein the jury was instructed that if the statement of appellant, introduced in evidence, contained exculpatory matters, the state would be bound thereby unless shown to be untrue under all the evidence in the case.",Issue
The admission of the testimony of the prosecutrix that appellant was trying to sexually attack her and that he had enormous strength and she had none does not present reversible error under the record.,Analysis
These two requested charges were evidentiary in nature and upon the weight of the evidence.,Facts
Appellant made a request upon the prosecutor to furnish such statement to him for the purpose of cross-examination and possible impeachment of the witness.,Facts
As we understand appellant's contention it is that the grand jury was an illegal grand jury simply because no women were called to serve thereon.,Issue
Defendants are residents of the Territory of Guam and in personam jurisdiction is readily available.,Facts
"On redirect, she testified fully concerning her arrest, and we have been unable to find in the record any occasion in which the careful trial court improperly limited the examination or commented upon the weight of the evidence.",Analysis
"The prior misdemeanor conviction was established, and the plea of guilty judgment in said cause was introduced.",Facts
The essential elements of the offense of burglary are a breaking and an entry.,Rule/Law/Holding
"Although an officer testified that he had observed appellant enter the premises on four or five different occasions, he did not testify, positively, that appellant lived in the apartment but did testify that Linda Blaylock lived there.",Analysis
There are no objections to the court's charge.,Others
"As a witness in his own behalf, appellant admitted having had a few beers prior to his arrest but stated that he thought he was sober.",Facts
Ford never positively identified the shells.,Facts
"The evidence further shows that appellant said he wanted some of the tablets to carry in his doctor's bag and had the pharmacist mark the prescription ""for doctor's bag 276"", and it was proved as well as stipulated that appellant was not licensed to practice medicine in this state.",Facts
"The allegation that appellant was in performance of the act of driving an automobile ""across a double stripe and highway marker"" was not an allegation that he was in the performance of an unlawful act.",Analysis
"He further testified that he had previously rented a car from Hertz in Houston and drove it to Fort Worth and when the contract time for use of the car expired he went to the Hertz agency in Fort Worth and was informed that is was not necessary to get an extension and for that reason he did not believe it was necessary in this instance; that he was using the car while looking for employment, and at no time did he intend to convert the car to his own use but intended to return it.",Facts
This is an appeal from an order revoking probation.,Facts
We find the evidence sufficient to sustain the jury's verdict finding appellant guilty of murder with malice and assessing his punishment at 99 years in the penitentiary.,Conclusion
One cannot be both a bailee and a thief at the same time.,Analysis
"The court's ruling on appellant's objections to the charge is not before us for review, exception above the judge's signature being required.",Analysis
"A. Knowles testified that shortly after midnight appellant ran a red light at an intersection where they were stopped, and almost hit the squad car; that they overtook appellant; that he had a very slurred speech and was very unsteady on his feet; his eyes were watery and bloodshot; there was a strong odor of alcohol on his breath and he said he had been drinking.",Facts
"He expressed the opinion that the cause of death was primarily a blow to the head, and the injury to the liver could have been had it occurred first.",Facts
He testified further that he did not appear before a judge in the prior misdemeanor conviction in Sweetwater.,Facts
"Each of these counts are against an individual defendant government employee and plead in excess of $100,000 damages.",Facts
"Officer Ellsworth testified that when he came upon appellant's property (where appellant and another carpenter were building a house), he saw Vylie Reed and one ""Poodlum"" Smith (not shown to be appellant) standing between what was to be a house and a barn on the right side of the pickup halfway between the tail gate and the cab.",Facts
"Appellant further complains of the court's charge on the ground that it did not require the jury to find, before convicting the appellant, that L. Schwartz Company did not consent to appellant's application and conversion of the mohair.",Issue
Why was it you assisted him?,Others
"In the absence of a showing in the bill that the statement was not admissible as res gestae, reversible error is not shown.",Analysis
"Appellant takes us to task for not mentioning, in our original opinion, his contention that the trial judge committed re",Facts
"It is his contention that in the case at bar, at most, the State made out a case of bringing on a premature birth.",Issue
The injured party Meineke testified that he saw his seven head of cattle in his little field pasture on the Plantersville Road at 5:30 P.M. on January 13 but that when he returned at 6:00 A.M. the following morning four of them were missing.,Facts
This authorized the arrest and the search incident thereto.,Facts
"The answer was in response to the question asking the witness to ""tell the jury, please, what Report Walton did.""",Facts
Robert's testimony shows that he owned the .22 pistol and had it with him during the morning dice game when the deceased took $5 of his money and when he pulled his pistol and demanded his money the proprietor gave him $4.90 and he left.,Facts
"In the absence of objection to the admission of such evidence, there is nothing before us in this regard.",Rule/Law/Holding
"If Mr. Jackson's testimony did raise an issue as to the legality of the search, the issue should have been submitted to the jury, as appellant requested.",Analysis
Appellant was convicted for the offense of failure to stop and render aid.,Facts
"In the first statement, appellant admitted going on the two occasions to the service station where the prosecutrix’ husband was employed on the night in question but, in effect, denied going",Facts
"The judgment nisi entered in the instant case does not comply with the statute, is clearly void and cannot support the final judgment from which appellant prosecutes the appeal.",Analysis
"This apparently contains objections made during the trial, which are here considered as informal bills of exception where they appear in the statement of facts.",Analysis
"""An indictment is in no way related to or based on the",Others
Officer Williams further testified that in his opinion appellant was at such time intoxicated.,Facts
Appellant also contends that the trial court erred in permitting the State to introduce photographs showing where Farris fell after being shot.,Issue
"As shown by Judge Woodley’s opinion, it was alleged in the Hubbard case that appellant was driving thirty-five miles an hour in a thirty-mile zone at the time of the collision which resulted in the death of a passenger in the other car.",Facts
"The prosecutrix, age 15 when the trial began July 28, 1961, testified that about 18 months before the trial the appellant first came to her bed in the trailer, sat on the bed, pulled the cover back, removed the bottoms of her pajamas and placed his hands on her private parts.",Facts
The evidence is found sufficient to sustain the conviction.,Conclusion
"While the word ""designedly"" seems to apply only when the offense is committed by the administration of drugs or medicines, it would appear to be necessary to allege that it was done ""knowingly"" or ""designedly"" to support an indictment under this phase of the statute.",Analysis
"While we recognize the rule that judgments speak verity and all presumptions are indulged in to sustain the judgment, we feel that the judgment should contain some factual allegations to give support to these findings and conclusions of the trial court.",Analysis
"a stretcher, in the Emergency Room; that later a policeman, nurse and doctor came up and ""asked me if I wanted to take a blood test * * * I said yes"" *** and that the doctor extracted blood from his left arm after washing if with what smelled like alcohol.",Facts
"Appellant then told Kitchen that he had been to the deceased's house, that they had an argument about a pickup and {that he would have to get a Mr. Ben Lee to go to the deceased's house and get his pickup.",Facts
"Mrs. Pollard, the only woman on the jury, testified that the trial lasted two days; that on the second day she went to ""Clores"" for lunch, accompanied by a lady deputy sheriff; that after lunch they went to the post office and to Wilcox' Drug Store where she saw appellant's counsel:",Facts
There were six cans of beer in the Defendant's automobile?,Others
"""I thought I wouldn't let him, and he started doing it and he started doing like that between my legs,"" the complainant related.",Facts
Deem failed to appear in said court when he was called to abide the judgment of the Court of Criminal Appeals of Texas as conditioned in said recognizance.,Facts
"The evidence shows that appellant and Lyles were acting together in the burglary and theft, hence were co-conspirators.",Analysis
Was he pointing it at you?,Others
The motion is overruled.,Conclusion
"While testifying for the state, Ardell Jobe identified the appellant and his companion, Arthur Samuel Brundrett, as the men who entered his store about 10:20 P.M., August 21, both with something painted on their faces and exhibiting pistols.",Facts
The fruits of the search were admitted in evidence without any valid objection being leveled thereto.,Facts
"When request for the “poop sheet” in question was made by appellant’s counsel, the witness did not have such sheet in his possession, nor was he using any notes or memoranda therefrom, the witness’s only statement concerning this being that the sheet was seen by him after its completion and that it was “fixed up” by him and another person referred to as “Bill”.",Facts
"We overrule appellant's remaining contention that the evidence is insufficient to sustain the conviction because the state failed to prove appellant possessed ""dolophine"", which was a descriptive averment in the indictment.",Conclusion
"Appellant’s companion, who was serving a life sentence for the crime in question, testified fully as to appellant’s participation therein.",Facts
We have carefully reviewed the various informal bills and find no error.,Conclusion
"In his brief and in oral argument appellant contends that because the name of the drawee bank was omitted from the check, it was not a negotiable instrument, and therefore, was not the subject of forgery.",Facts
"Appellant, testifying in his own behalf, admitted lying on top of prosecutrix in the back seat of the automobile while she was undressed and endeavoring to have an act of intercourse with her, but denied that he ever had an erection or that he penetrated her sexual organ, though he admitted that he placed his privates against her private parts and attempted to effect entry.",Facts
"On Saturday, February 4, 1961, appellant called Glenda at her home on the telephone and solicited her assistance in recovering his automobile from a girl whom she knew.",Facts
"Thus the act would provide absolute protection for an intentional tort-feasor, while providing a recovery against no one, and would indemnify a negligent tort-feasor to the extent of $100,000.",Analysis
"The offense is assault to murder; the punishment, 3 years.",Facts
"Agent Bland testified that he was the first to leave the automobile and that he proceeded to a liquor store across the street from the Soto cafe where he set up a surveillance of the cafe, that he saw Tafolla coming from the direction of the automobile where he had left him, saw him enter the Soto cafe, that a short while thereafter Tafolla came out of the cafe in company with appellant, and while they were standing on the sidewalk one Victor Mandujano came up to them and the three engaged in a conversation.",Facts
"Leonard Lozano, an undercover agent of the Liquor Control Board, testified that while on duty in the City of Lubbock he went to a residence located at 1120 East 50th, where he successively bought three bottles of beer, one of them a 12-ounce bottle of Falstaff beer, from appellant, part of which he consumed on the premises; that he saw other people selling and consuming beer during his stay; and that he later identified appellant in a police lineup.",Facts
"Burnett testified that he saw the air conditioning unit, which had been sitting in the hallway for some time, at the edge of the porch and appellant's companion ""leaving the porch in a big lunge,"" saw him run to the De Soto where appellant was seated at the wheel; it was driven away ""in a big hurry,"" and that he took down the license number and called Hereford.",Facts
"This motion shows that he did have knowledge of the nature and consequences of his plea, therefore no reversible error is shown.",Conclusion
"Pandering is the offense; the punishment, enhanced by reason of two prior convictions for felonies less than capital, life imprisonment.",Conclusion
"To the contrary, the caption of the enactment under review in clear and unambiguous language placed the public and the legislature on notice that the purpose of the act was, among other things, to add “a new article,” fix “a penalty,” and to provide for a second conviction and conviction for deserting and leaving the state.",Facts
"Upon investigation, Officer Means found the appellant lying down in the seat on the passenger side of the car and one Shaver seated on the driver's side.",Facts
The inside of the Hatcher car was clean and in good condition.,Facts
Opinion approved by the Court,Others
"""He wasn't walking too good,"" he might have been dazed.",Facts
"The offense is the sale of whiskey in a wet area without a permit; the punishment, a fine of $100.00.",Facts
"Following his arrest, the officers recovered from the pickup one 825x20 U.S. Royal tire, one 750x20 Goodyear tire, one 900x20 National,deep-tread tire and wheel, one 100x22 Firestone transport tire and tube, a case of twenty-two quarts of Humble Esso Extra motor oil, one pavement breaker, and one jack-hammer.",Facts
"We find the charge of exhibiting ""a firearm, to-wit: gun"" proper.",Conclusion
If this testimony presents error it was rendered harmless by the introduction of appellant's written statement and the testimony of the accomplice that they took the calf out of the pasture.,Analysis
"The proof further shows that dolophine is one of the same chemical formula and substance as ""amidone"", named in the statute.",Facts
The state's testimony is undisputed and is reflected by various witnesses.,Analysis
The requisition of the governor of the State of Louisiana in the instant case is accompanied by a copy of the judgment rendered against appellant and reciting that appellant has violated his probation.,Facts
Appellants sought a new trial on the ground of newly discovered evidence and alleged in the motion that subsequent to the trial they had discovered evidence that the door leading into the room occupied by the deceased and her husband at the hotel was never damaged which was contrary to the testimony of the State's witnesses that on the night in question the appellants entered the room by kicking and breaking the door panel.,Facts
"They testified that the screen door to the hallway was held closed by a spring and, further, that some time thereafter they identified appellant in a police lineup.",Facts
"There are no formal or informal bills of exception, and no brief has been filed on behalf of the appellant-",Facts
He just kept going like that.,Facts
"Under such circumstances, the presumption will be indulged that the proper transfer was made.",Rule/Law/Holding
A careful reexamination of the statement of facts reveals that such an instruction was given in response to a request by appellant's counsel.,Facts
"The state's evidence shows that on April 7, 1961, the date alleged in the indictment, Federal Narcotic Agent John E. Sherman, upon being informed that narcotics could be purchased at a certain address in the city of Houston, drove to the corner of Rosalie and Dowling Streets in company with an informer.",Facts
"This was denied, and appellant then asked the court to instruct the prosecutor to turn the statement over to the court reporter so that it might be incorporated into the record as a part of his bill of exception ""* * * so the appellate court",Facts
"There being no statement of facts, we are not apprised of the contents or form of the indictments.",Analysis
"Remarks of counsel for the state during the introduction of evidence complained of should not have been made, but in view of the evidence are not deemed of such prejudicial nature as to warrant reversal.",Analysis
"The weapon, a doubled cable bound with tape, does not taper at one end as a whip, and therefore would not be properly usable to discipline animals.",Analysis
Mrs. Jackson informed the appellant that Doris was going home with her.,Facts
"At this time, the temperature was 4 degrees below zero.",Facts
Nor do we agree that no error is shown because the record fails to reflect that the statement was not res gestae.,Analysis
I think the boy would have some disability.,Analysis
"They were taken by the appellant, himself, at the time of the transaction.",Facts
"The prosecuting witness Bonnie Fay Greer, a strip tease artist, testified that one ""Honey Bee"" Johnson, another member of her same school of dancing, was present on the night charged in the indictment and saw her receive $150.00 in payment for one week's work, that Honey Bee invited her to join a party, and that she agreed.",Facts
The complaining witness related that appellant's daughter then went outside to water some flowers and his son continued to turn the crank; that she (the complaining witness) then said she had to go home.,Facts
Objection was then taken by appellant and sustained by the court.,Facts
The witness testified that she went on to her own home and that shortly thereafter her mother came home from work at the hospital and that she immediately related to her mother and later that same afternoon to the officers the events that transpired.,Facts
"In addition to the facts in the Bridges case, Lofton Frasier testified that he lived in Gorman and worked at a hardware store; that he stopped by the Bison store to buy a package of cigarettes; that appellant was standing there; that he had never seen appellant before; that about an hour later he heard that the store had been robbed; that he saw appellant pull ""a stocking off",Facts
"1, 2, 3, 5 and 6 that there was no evidence to support the argument of which he complains.",Analysis
"There were numerous lacerations and bruises about the body, including a bruise over the cheek bone and cuts in the scalp, the largest being on the left side going to the bone.",Facts
That is all you have to prove.,Others
Such method of proving prior convictions has been approved by this Court.,Analysis
The trial court overruled the objection to the introduction of the instrument and later declined to withdraw it from the jury's consideration.,Facts
No statement of facts has been filed,Facts
"Proof was made by the state of the two prior convictions by the introduction in evidence of the prison records and comparison of fingerprints, in the manner which has been approved by this court.",Facts
"Finding the evidence sufficient to support the conviction, the judgment is affirmed.",Conclusion
"The remaining complaint relates to the testimony of Officer Kennedy that a suit of clothes was found in appellant's room, which was identified by the witness as the suit appellant was wearing at the time of the trial, in which the knife above referred to was found.",Facts
"He testified that Tafolla handed something to appellant, and appellant, in turn, handed it to Mandujano, and the three walked south on Zarzamora a short distance and came to a halt, at which time Mandujano crossed the street, entered a filling station, and when he returned to where Tafolla and appellant were waiting he (Mandujano) handed a package to appellant; appellant, in turn, handed it to Tafolla, and Mandujano then left.",Facts
"He stated that the last time he had intercourse with her was in his bedroom, a week or so before, while his wife was in the hospital.",Facts
The Smith car had crossed over the yellow stripe in Smith’s lane and on over to his left-hand shoulder of the road.,Facts
Bill No. 2 recites that it was not made in reply to any argument or defense of the appellant.,Facts
"We have carefully analyzed the facts before us here and have concluded that they are of such a nature that the mind is led intuitively, or by a conscious process of reasoning, toward the conviction that from the facts proven penetration may be inferred.",Conclusion
"This was also across the road from appellant's premises and the evidence shows that there was a trail that ""leads from the road direct straight to the house and to the whisky and direct back to the house"".",Facts
In his confession appellant stated that their plan was to put the tires on the credit card and then dispose of them for money.,Facts
A judgment nisi which does not contain this statutory provision is void and cannot be made the basis of a final judgment.,Rule/Law/Holding
"Murder is the offense; the punishment, ninety-nine years in the penitentiary.",Facts
"The failure to insert the word ""˜unlawfully' in the charging part of the indictment does not vitiate it.""",Rule/Law/Holding
"On December 5, 1979, a Stay Order was' entered by the District Court, ordering the Superior Court to refrain from taking any further action in People v. Flores, supra, pending the final determination of a December 5, 1979 Writ of Prohibition filed by the Government.",Facts
"Two attorneys representing appellant testified that they never agreed, but objected, to the discharge.",Facts
"Testifying in his own behalf, appellant denied breaking and entering the liquor store on the night in question.",Facts
The legality of the act would be made to depend upon the facts and circumstances existing at the time.,Analysis
"To sustain the allegations of the indictment it was incumbent upon the state to show either that the defendant was driving the automobile which struck and injured Thomas Abner Langford, or that he was so acting as to be a principal with the driver of said car.",Analysis
"By such contention, appellant complains of the evidence admitted which showed that.he had attempted to procure the daughter, Glenda Wilhite, to engage in prostitution; that he was arrested on a charge of possession of barbiturates and was later arrested under a warrant in a peace bond proceeding.",Facts
"""MR. BROWN: May our objection go to all this testimony, any statement made after the defendant was arrested out there on the highway, any statement made by the defendant, voluntary, involuntary or force or otherwise.",Others
"He further testified that at appelant’s request, he and the other boys removed their clothes and the appellant took pictures of them m the nude, and while testifying, he identified two of the pictures of himself and the other boy which were later introduced in evidence during the cross-examination of the appellant.",Facts
"While the asking of the leading question might well be improper, the response given to the question asked was not hearsay.",Analysis
"He further said that the calf, after its return, had the end of each ear cut off, but that there was a little swallow fork mark left in the ear.",Facts
"Two attendants at the funeral home testified that appellant and Jerry brought prosecutrix to the rear of their place of employment on the night in question, that she was unconscious, and that blood was exuding from her privates.",Facts
"Officers from the sheriff's department testified that after, obtaining descriptions from Kilgore they arrested three individuals in an automobile shortly after the holdup, that one of the three was identified as appellant's companion by Kilgore, and that merchandise stolen from the store was found in his possession.",Facts
"Such an instrument has not been approved by the trial court or by counsel for the State and appellant, and therefore cannot be considered under the terms of Article 759a, section 1(E), V.A.C.C.P.",Analysis
"The purported formal bill of exception, although not filed within the time required by statute, was refused by the trial judge for the reason thereon stated when presented to him for approval.",Facts
The court submitted the issue of appellant’s guilt to the jury upon a charge on circumstantial evidence and upon a charge on the law of rape by both force and threats.,Facts
"Detective Gary Simpson, of the San Angelo Police Department, testified that on July 24, 1961, appellant made and signed a written statement, after proper warning, which was introduced in evidence by the State, wherein he admitted the alleged sexual acts.",Facts
"In the indictment before us here, the words ""forty eight fifty Dollars"" are merely ambiguous and do not call for a different sum of money other than $48.50.",Analysis
Williams identified the .25 caliber pistol introduced in evidence as being the one turned over to him by Mata and another.,Facts
The appellant then reserved his exception.,Facts
"""I do not have a sympathetic father or mother, I am representing, but I am representing all of the human beings in the State of Texas.",Others
The state offered proof showing the making by appellant of voluntary written statement to the sheriff pertaining to the offense charged in this case and it was admitted in evidence.,Facts
"Also included in the prison records were fingerprints of the convict named therein, Marion Earl Todd, No. 127645.",Facts
The Court notes that such a claim may often be prepared by a lay person of limited education.,Analysis
"1958, which reads as follows:",Others
"Appellant, testifying in his own behalf, admitted drinking beer at his brother-in-law's house during the afternoon prior to the collision and stated that he did not remember leaving the house, the collision or anything that occurred at the hospital.",Facts
"Therefore, appellant is in no position to complain of the search because the same or similar testimony was admitted without objection.",Analysis
"The merits as to the actual rights and obligation between the buyers and sellers are not subject of this appeal; the only issue before us is whether the January 8, 1979 Order of the Superior Court purporting to enforce a settlement agreement made to the court by the parties during trial was error.",Issue
Appellant contends that a fatal variance exists between the proof and the allegation in the indictment that Fred C. Edens was the owner of the automobile.,Issue
"As the officer stopped the patrol car he was driving along side of the parked car, a man was walking across the street from the direction of the drug store to the car and got in on the driver’s side.",Facts
"for the offense of embezzlement; the punishment, confinement in the penitentiary for a term of five years.",Facts
He denied that he was sitting by Lopez or near the sack of money when the officers arrived.,Facts
Appellant was arrested the following day and two or three days later was released on bond.,Facts
"By brief and oral argument, appellant's counsel urges a reversal of this cause on what he terms ""equitable grounds"".",Issue
"* * *” This appeal, in effect, represented to the jury that appellant had not previously served time in jail for an offense.",Facts
"The testimony of appellant's wife, his father and stepmother, and another witness corroborated the testimony of the appellant.",Facts
"I said I had to go.""",Facts
"It was his testimony that he was not drunk but that ""four of us had a highball out of this pint.""",Facts
"This has not been the rule in Texas since 1925 because in that year the Legislature enacted Article 727a, V.A.C.C.P., and made it clear that the",Rule/Law/Holding
"Now, tell this jury what physical factors that you base your opinion upon that he was under the influence of intoxicating liquor?",Others
"The prior convictions were established by fingerprint comparison and certified copies of records of the various penal institutions, such as we have approved in Roberts v.",Analysis
"While following the appellant, Officer Stone observed the pickup he was driving ""weaving over the center line and back"".",Facts
"The State's testimony is undisputed that before appellant and his companions obtained the tires and tube from the injured party they falsely represented to him that they had a cattle truck with some blown out tires out on the highway, loaded with cattle.",Facts
"The offense is passing as true a forged instrument; the punishment, 5 years.",Facts
The bill complains that the court overruled appellant's objection to the answer of the witness and his motion that the entire testimony of the witness with reference to the control of the premises on the day of the search be stricken.,Facts
The evidence is sufficient to sustain the conviction and we find no reversible error.,Conclusion
"The court charged on the law applicable to circumstantial evidence, and the accused's explanation of recently stolen property.",Analysis
"The conviction is for the possession of heroin; the punishment, twenty years.",Conclusion
"The testimony shows that more than $500 was taken from the cash register, and that no one had the consent of Mrs. White or the owner of the store to take the money.",Facts
"Although credit was extended to Lewter Feed Lots, the fact remains that appellant and his companions obtained the property from the injured party by reason of the false pretext and representations made to him.",Analysis
Did you say anything to him when he was doing that down there between your legs * * *?,Facts
"After stopping appellant, he observed that he had been drinking, and saw some truck tires, a jack-hammer, and some lubricating oil in the pickup.",Facts
"Dr. Mason, Director of the Dallas City-County Criminal Investigation Laboratory, testified without objection that an analysis run at the Laboratory revealed that intoximeter test No. 443, identified also by information on the slip sealing it with the name of appellant and of Officers Holcomb, Jackson and Knowles, showed .208 percent alcohol concentration in the blood.",Facts
"Bill of exception No. 5, which was approved by the court, complains of the following argument:",Facts
The witness further testified that he did not give the appellant permission to break and enter his house and take any property therefrom.,Facts
These objections were properly overruled.,Conclusion
The court submitted the issue of appellant's guilt to the jury upon a charge on the law of principals.,Facts
"The conviction is for felony theft; the punishment, five years.",Facts
"Under the record, it is shown that the statement was not a part of the res gestae.",Facts
"Officer Hudson further testified that, in talking with the appellant immediately after he arrived at the scene, he ""asked who was driving the cars and Mrs. Peveto said she was driving one and he (appellant) said he was driving the other one"".",Facts
"The appellant strenuously insists that the search of his automobile by Officer Seale was illegal, and that proof of the result of the search was therefore not admissible in evidence.",Issue
On a former appeal this case was reversed.,Facts
Appellant's counsel cross-examined the witness at length at the time the deposition was taken.,Facts
"The recital of the judgment is to the effect that relator perpetrated a fraud upon the court by requesting the recess, and the presumption is that such recital is true.",Analysis
Mrs. Haynes witnessed the collision and observed appellant sitting in the automobile he was driving.,Facts
With such contention we do not agree.,Conclusion
"""Be it enacted by the Legislature of the State of Texas : Section 1.",Rule/Law/Holding
The money and robbers were gone when they looked up.,Facts
The driving of an automobile across a double stripe and highway marker may or may not be an unlawful act.,Analysis
An analysis of the contents of the 3 capsules by Chemist Kenneth Anderson of the Alcohol and Tobacco Tax Division of the U. S.,Facts
"He stated that he then saw that they were officers when his wife turned on a light; that Officer Dillard ""ran into"" him as he started getting up from the bed and they then fell across it together; that he did not remember seeing what happened ""because they was all of top of [him] ""; that someone hit him in the head with a pistol.",Facts
We perceive no reversible error in the action of State's counsel in withdrawing his objection to the witness testifying.,Analysis
The finding of the barbiturates and amphetamine in the cabin was a part of the search and of the res gestae and proof thereof was admissible.,Analysis
"Appellant did not testify or call any witnesses in his own behalf, and there was no evidence which would show that, if guilty, he would be guilty",Facts
"She further testified that another female, whose name she did not know, had left the vial and she was keeping it for her.",Facts
"In addition to being admissible to show lascivious intent, the two exhibits were admissible as part of the res gestae.",Analysis
And I believe you said you were driving down the highway somewhere and Tommy Bush asked Honey Bee to hand your money back up in the front seat?,Facts
"After receiving the information, they proceeded to Harlingen, traveling in different automobiles where they contacted certain city officers.",Facts
"To this answer appellant's counsel stated: ""I object at this time to the testimony of Mr. Andrews and move for a mistrial on the ground that he has injected the question of a lie detector test.""",Facts
"We must now determine if, under the holding of the Supreme Court of the United States in Garner v. Louisiana, 368 U.S. 157, 92 S.Ct.",Issue
The testimony of Officer Herndon as to the manner in which appellant was operating his automobile on a public street in Dallas was sufficient to show a traffic violation.,Analysis
Other contentions urged by appellant have been considered and are overruled.,Conclusion
The Harris County medical examiner testified that his examination revealed the cause of death as being a fractured skull.,Facts
"However, here it seems clear that the trial court chose to ignore certain representations made in open court as to the terms of immediate payment upon the sale of the property in question.",Analysis
Appellant testified as a witness in his own behalf at the trial.,Facts
"But appellant not having objected until the question was answered, his failure to declare a mistrial because of the question and answer will not authorize a reversal.",Analysis
The testimony shows that the appellant and his wife slept in the house and their four children slept in a house-trailer adjacent to the house.,Facts
"""MR. KNIGHT: We move for a mistrial on the base of the inflammatory, prejudicial use of the word ""˜murder' in counsel's argument.",Others
"No- individual distinguishing marks were found on the shoes from which it could be determined that the tracks were made by them, and not by other shoes of the same size and design made by the same manufacturer.",Facts
"Appellant contends that the trial court erred in refusing to exclude from the record the testimony of Officer Hudson on direct examination that Mrs. Peveto told him she was driving one of the cars and that appellant told him he was driving the other, over his objection that it was not a part of the res gestae.",Issue
"Finding the evidence sufficient to sustain the conviction and no reversible error appearing, the judgment is affirmed.",Conclusion
"The court submitted the issue of appellant's guilt to the jury upon a charge on the law of principals; gave application to the provisions of Art. 42 V.A.P.C., by instructing the jury that if appellant, while in perpetration of a robbery, through mistake or accident did kill the deceased, he would be guilty of murder with malice and submitted to the jury the question as to the voluntary nature of appellant's written statements introduced in evidence.",Facts
"Appellant, after making a telephone call, stated that he could not get the price at that time.",Facts
"The property had been locked in the house the evening before and among the missing items were five tires, a case of Esso motor oil, a pavement breaker, and a jack-hammer.",Facts
"She testified that the drug store was the place that was burglarized; that she did not discuss the case and there was no conversation about the case at all; that the officer was with her at all times; that she did not go back to where the prescriptions are filled; that she did not talk to Mr. Wilcox, the owner, and did not know him; and did not inspect the roof or observe anything about the prescription department while in the drug store.",Facts
"""At that particular moment, I said on the telephone which I knew she could not have heard, I said ""˜Wait, and run into the street, until I get there, and I'll pick you up and carry you to the police station and have an indictment returned against him (her husband) ' that he was afraid for her life; that when he got there, Fryer and his wife were in the middle of the street, and Fryer was hitting her ""in the temple of the mole of her head"" with a pistol; that he said ""Fool, you had better shove him and run, because he's going to blow your brains out""; that Fryer didn't say a word; Mrs. Fryer was ""coming in my general direction"" when he shot - ""I shot him when he leveled down * * * the pistol * * * I was still in the car.""",Facts
No objection was made by appellant to the testimony on the grounds now urged.,Facts
He left the room and resumed playing dominoes with a young boy on the porch.,Facts
"Finding no error, the judgment is affirmed.",Conclusion
"He seemed kinda dazed like.""",Facts
"Reversible error may not be predicated upon admission of the testimony showing appellant's arrest upon a warrant issued in a peace bond proceeding over the objection that it was an extraneous matter, in view of the admission of similar testimony in the record without such an objection.",Analysis
"""But a charge upon circumstantial evidence is required only where the evidence of the main facts essential to guilt is purely and entirely circumstantial.",Rule/Law/Holding
"The evidence of appellant's attempt to procure the prosecuting witness's daughter was clearly admissible as a part of the res gestae of the transaction and to show appellant's scheme and design in the transaction with her mother, the prosecuting witness.",Analysis
"The Court: ""How do the rest of you feel about it?""",Others
"He further testified that they had been in the store only a few minutes when the operator went to the back of the store, at which time the appellant took more than $500 in money from the cash register; that they left and later divided the money.",Facts
We think the evidence is abundantly sufficient to not only corroborate the confession but also to support the jury's verdict.,Analysis
"The indictment was returned February 15, 1961, and on the following day appellant waived a jury and, joined by his court-appointed counsel, waived the 10 days allowed by statute to prepare for trial.",Facts
No statement of facts of any evidence adduced upon the trial accompanies the record.,Facts
"Even the prospect of ultimate failure of such prosecutions by no means dispels their chilling effect on protected expression.""",Analysis
"The injured party, Willie Anderson, testified that appellant's step-mother called to him from across the street to come and take her husband to the hospital.",Facts
"Trini Lopez, the owner of the bar, testified that he heard a loud noise, saw Garza fall with a lot of blood on him,"" and then saw his bouncer Mata and another man disarm appellant at the table.",Facts
"The offense is rape by force; the punishment, 99 years-",Facts
"Appellant made no' admission that he wore the shoes, or.that he committed the burglary.",Facts
"It is unnecessarily restrictive and beyond a ""reasonable"" relationship to include all ""permitted signs"" in an effort to specifically regulate ""advertising signs"".",Analysis
"Relator has filed with this court his affidavit stating that it was not his intention to mislead the court in requesting a recess prior to the plea of the defendant in the cause, and further stating that he had no knowledge that the defendant Kitchens would not return to the courtroom after the noon recess.",Facts
"(a) Government Health Professionals means any person who is licensed or certified to practice a ""˜healing art1 in Guam and is practicing that art within a Government of Guam facility as an agent of the Government of Guam.",Others
"When he approached her, he was instructed by appellant, who was by that time inside the store and behind their victim, to ""freeze"".",Facts
Such omissions constitute an undue restriction upon appellant's defense and call for reversal.,Analysis
"Appellant urges as fundamental error, (1) that the indictment presented against him was returned by a grand jury which was not duly and legally impanelled and (2) that the Criminal District Court No. 4, in which he was tried and convicted, was without jurisdiction and authority to try him because the cause had not been legally transferred to said court.",Issue
"They stand convicted of an unlawful assembly denounced by our Article 449, V.A.P.C., as follows:",Rule/Law/Holding
"We observe that appellant was shown to have taken off his trousers before getting on top of prosecutrix, and the witness did not know whether or not he also removed his underclothes.",Facts
This reading of §6500.10 reaches an absurd result.,Analysis
"The facts are in effect the same as in Ex Parte Foster, 162",Facts
"The jury resolved the conflict in the evidence against appellant, and we find it sufficient to sustain the conviction.",Conclusion
Appellant reserved exception to the court's overruling of his motion for mistrial.,Facts
"While he was present on the premises when it was found, there is no direct evidence that he owned or controlled the premises.",Analysis
"If the light is not on I'll take for granted that you do not want me.""",Facts
"Appellant's first ground for reversal is that Criminal District Court No. 5 of Harris County, where the case was tried, had no jurisdiction because the indictment was returned into Criminal District Court No. 3 of Harris County, and the cause was never transferred from said Criminal District Court No. 3.",Issue
"Officer Williams testified: “Well, I had the information that he was transporting, coming in out *",Facts
"2, V.A.C.C.P., which reads ""* * * provided no case shall be transferred without the consent of the Judge of the Court to which transferred.",Rule/Law/Holding
Appellant took the stand in his own behalf and testified that he was not drunk; that he had had “three beers” on the occasion in question.,Facts
"Ironically enough, the one key portion of the trial hearing relative to appeal was not even included in the transcripts which were transmitted from the Superior Court.",Facts
"After the next witness called by the state had testified without objection to substantially the same facts, appellant moved to strike it on the same grounds.",Facts
"Dr. Gibbons testified that on May 9,1959, the day in question, he was Resident Physician in the Emergency Room at Parkland Memorial Hospital; that a book was kept in the Emergency Room showing the names of people who came in and other information regarding blood samples for alcohol test, which was an official record of the hospital.",Facts
The statement of facts reflects that Herman L. Curtis was killed when two .22 caliber rifle bullets were fired into his chest while he was operating a service station.,Facts
"Bland further testified that the ""going price"" for illicit heroin at the time in question was $4.50 per capsule.",Facts
The shells were then admitted into evidence and marked State's Exhibit No. 1.,Facts
"There was no error in admitting the testimony relating to appellant's res gestae statement that he had been in the ""pen"" before.",Conclusion
"The evidence is sufficient to support the conviction and no reversible error appearing, the judgment is affirmed.",Conclusion
"He testified that throughout all the acts of intercourse prosecutrix only mumbled, that he found her private parts to be loose and slippery as the result of her bleeding, and that he finally ascertained she was unconscious.",Facts
"Appellant makes two contentions, by informal bills of exception.",Facts
The caption of the amendatory act restricted the purpose of the bill to a change in the definition of the offense.,Facts
"While it is true that Mrs. Cummings did identify the shells as the ones taken from her store, she did not in anywise connect the appellant with the transaction.",Analysis
"Officer Pearson testified that Vylie and appellant were beside the ""whisky pot"".",Facts
"Thereafter, on May 23, 1961, a plea of former jeopardy which appears to be otherwise identical with that upon which the court had heard the evidence and had overruled, was sworn to and filed, and was denied.",Facts
Appellant's main contention on appeal is that the evidence is insufficient to sustain the conviction.,Issue
A chemist testified that an analysis made by him of the pills revealed that they contained amphetamine.,Facts
"Appellant presents as error an informal bill of exception, which, in our judgment, controls the disposition of this case.",Issue
Appellant contends that the evidence showing the search of his person and the introduction in evidence of the marijuana found as a result thereof was error because his arrest and the search incident thereto was illegal.,Issue
There are no objections to the court's charge or any specially requested charges.,Facts
"Second, the Plaintiffs will execute a promissory note in the name of Defendant Hechanova for $10,000 on the same terms, payable in ten (10) years or if the property was sold, whichever comes first.",Conclusion
"The offense is murder; the punishment, 25 years' confinement in the penitentiary.",Conclusion
"You can't display that to the jury; how about the bruises in that picture, do you remember seeing those bruises like that when you put her on the bed or when the police came?",Facts
"Appellant was indicted for robbery, the indictment alleging that he took two dollars from Charles Don Nichols on or about February 8, 1961.",Facts
"We have been furnished with the record of the trial de novo in County Court from which we find that the relator herein was tried and found guilty of violating Art. 6701d, Sec.",Conclusion
Appellant's identity as being the same person who had been previously convicted of the offense of burglary in Cause No. 9042 in Criminal District Court No. 4 of Harris County was established.,Facts
The contention is overruled.,Conclusion
"""Entrapment"", in its legal sense, carries with it the presumption that the officer or agent manufactures the offense and incites the accused to commit it, for the purpose of prosecution.",Rule/Law/Holding
She had testified without objection that she had paid a fine for being drunk on the occasion in question.,Facts
The judgments are reversed and the causes are remanded.,Conclusion
Is this beer here yours?,Others
"The rule is that where the corpus delicti is proved, that is when the evidence shows that a crime has been committed by someone, the defendant's identity as the criminal may rest alone upon his confession.",Rule/Law/Holding
"Accompanying appellant out to the car, she found Nick was not among the other boys there.",Facts
"Both cases cited by appellant involved the same act and caption —namely, Art. 1316 of the Penal Code, which was “An Act to amend Article 1316, Chapter 1, Title 17, of the Penal Code of 1925; further defining the offense of an attempt to commit arson; and declaring an emergency.”",Facts
"There, we said: ""* * * merely because a lesser offense is included within the proof of a greater offense, a charge on the lesser",Others
I played with Mike and Pat’s peters but I don’t believe that I bothered David that night.,Facts
"On the first occasion, appellant came to the station around 8 p.m., and purchased a Coca-Cola and, on the last occasion, around 1:05 a.m., when he purchased a package of cigarettes.",Facts
"Appellant argues that it is necessary to allege that the abortion was unlawful, because under some circumstances an abortion may be legally performed.",Issue
"After carefully considering appellant’s three informal bills, we find no merit in any of them, and appellant’s contentions are denied.",Conclusion
The court granted the request of counsel for the state and permitted the name of the Juror Olivares to be stricken and he was replaced.,Facts
"In his confession appellant stated that he had sexual intercourse with the girl first when she was eleven years old, and many times thereafter.",Facts
The appellant did not testify in his own behalf.,Facts
Honyea further testified that when J.,Facts
Appellant cites a number of cases where pictures were found to be inflammatory and not admissible under the facts.,Facts
The only act we find which could be said to come within the rule relied upon is the testimony of the witness to the effect that he asked the appellant what clothes he was wearing on the previous Saturday night (to which there was no objection).,Facts
"Appellant testified that he consumed five twelve ounce bottles of beer between 8:30 and 11:30 P.M. prior to his arrest, but denied that he was intoxicated.",Facts
Complaint is made to the court's action in permitting two of the officers to testify as to the statement made by appellant on the occasion of his arrest.,Facts
The appeal is from a judgment finding appellant guilty as charged and assessing his punishment at five months in jail.,Facts
"The state's testimony, adduced from the two accomplice witnesses, Nations and Matthews, reflects that they did break into the store belonging to Mrs. Cummings and took therefrom numerous items, including shotgun shells and cigarettes.",Facts
"The evidence in the instant case being insufficient to sustain the conviction, the judgment is reversed and the cause is remanded.",Conclusion
"Robert Sayles, a veteran employee of the First State Bank of Tuscola, identified State's Exhibit No. 1 as being a counter check used by his bank which had been altered by the addition of the printed number ""7837"" and the printed words ""Cashier's Check not to exceed $100.00"" and the printed word ""By"" preceding the signature.",Facts
The jury chose-to resolve the disputed issue of intoxication against the appellant and we find the evidence sufficient to sustain its verdict.,Conclusion
"At this time, appellants, bearing in mind the instructions of the court theretofore given them, requested permission of the court to ask the two reputation witnesses whether or not their testimony would have been different if they heard that at the time of the alleged offense she was not a virgin.",Facts
"""The admissibility of like testimony was upheld by this Court in Allen v.",Rule/Law/Holding
"Even though the Attorney General strenuously objected to the lack of notice and opportunity given to prepare, the Superior Court continued with the motion to disqualify when only a motion to suppress was scheduled to be heard.",Facts
It is apparent that such arguments violated no mandatory statute.,Analysis
The facts and circumstances in evidence warrant the conclusion by the jury that the appellant unlawfully took the Hatcher automobile as alleged in the indictment.,Analysis
"The witness was asked the further question: ""* * * whether",Facts
She stated that appellant kissed her two or three,Facts
"After the state had adduced all its testimony and had rested its case, the defendant then offered in evidence as his exhibit No. 1 the application for a suspended sentence, which he had filed with the papers of the case.",Facts
No action was taken on the severance motion as both cases were again passed on October 24.,Facts
"Appellant complains of the overruling of his objection to certain questions propounded to him on cross-examination by State's counsel in which he was asked, in substance, if he was telling the jury that Officer Gilbert was lying and not telling the truth when he testified that appellant had the bottle of whiskey in his pocket.",Facts
In rebuttal the photograph and another similar one were identified by the officer who took them as a true representation of the scene; of the body lying on the bed and showing the bruises on the body as he viewed them through the naked eye.,Facts
The appellant adduced no testimony.,Facts
"Furthermore, similar testimony was admitted without objection with reference to appellant's receiving a minimum sentence of two years in the 1959 conviction and having served the same in fourteen months.",Facts
"""After the cause is submitted to the jury, they may be discharged when they cannot agree and both parties consent to their discharge; or the court may in its discretion discharge them where they have been kept together for such time as to render it altogether improbable that they can agree.""",Rule/Law/Holding
"Daniel Chapa testified that when appellant fled from his father's store he and some of his companions gave chase; that when they approached appellant he reached in his shirt, as if to get a weapon; that they became frightened, returned to the store, secured a rifle and resumed the pursuit, finally capturing appellant.",Facts
The undisputed evidence shows that a 1951 Ford automobile traveling at a high rate of speed struck a 1955 Ford automobile which had just been pulled out of the ditch.,Facts
No objection was made when the testimony was introduced and no reason was shown for the failure to do so.,Facts
"At best, the trial judge made a presumption based upon actions and conduct, without any supporting facts.",Analysis
"For the foregoing reasons, on reconsideration, defendant's motion for summary judgment is DENIED.",Conclusion
I respectfully dissent.,Others
"We think the evidence, which appellant deemed ""highly prejudicial,"" was made harmless to him (appellant) by the able trial judge's instruction to the jury to disregard it and that any harm which might have resulted to the appellant was thereby cured.",Analysis
The evidence reflects that the appellant and the injured party were in a cafe in the city of Houston when the difficulty started.,Facts
"This was predicated upon the evidence concerning the pursuit by appellant from the cafe to the roadside park, his assault with the flexible club at that point, his continued pursuit after the Hartwells left the park, coupled with his act of ramming the rear end of the automobile in which the Hartwells were riding and his act of stopping at the filling station in question and alighting, armed with the weapon heretofore described.",Analysis
There are no formal bills of exception or objections to the court's charge.,Facts
"• On January 3, Fred Beavers accompanied the appellant in his '55 red and cream or red and white Oldsmobile 88 automobile from Morton to Kermit to get their pay checks.",Facts
These elements are clearly embraced in the,Others
The 1951 Ford came to a stop knocking down several fence posts after it struck the 1955 Ford and the two boys.,Facts
"The State assured the court that no property taken from the possession of appellant would be offered in evidence, and the motion was by the court overruled.",Facts
"The sole ground for reversal relates to argument of counsel for the state to the effect that there was no evidence other than the testimony of the appellant that he had taken or was under the influence of a drug; that appellant produced some pills which he testified he had been taking, but no testimony that he told anyone that night, and that no one confirmed his testimony that he had taken the pills.",Issue
"The testimony shows that appellant's father was questioned soon thereafter, was found to have sustained injuries indicating that he had been in a fight, was taken into custody and admitted having engaged deceased in a fight on Johnson Street (at the",Facts
"Also, the language of the charge pointed out in the brief does not constitute such a comment.",Analysis
"State, supra, the allegation that the whiskey was transported in a “2 door” automobile was descriptive of the identity of the unlawful act of which the accused was convicted and could not be rejected as surplusage.",Analysis
"The remaining claim for reversal relates to the overruling of appellant's motion for mistrial after Captain Johnson, upon being asked what happened when he first saw appellant in the hall on",Issue
"There is no evidence in the instant case that any officer, either acting by himself or through the prosecuting witness, induced appellant to commit the offense for the purpose of prosecuting him.",Analysis
The nature of the instrument used by appellant is of prime importance.,Analysis
"The State's proof shows that on June 7, 1961, appellant came into the Gill Grocery store in Wichita Falls, purchased $27.58 worth of groceries and paid for the same by endorsing the check described in the indictment.",Facts
It is the opinion of this Court that §6500.13 was revived by §6 of P.L.,Conclusion
"The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $150.00.",Facts
"The .witness' further testimony was that all the jurors agreed on a ten-year sentence except one man, who held out for fifteen or twenty years; that they believed ""that a parole could be possible within the same length of time if it was life or ten years""; that after further discussion the jurors all finally agreed on a life sentence.",Facts
"Defendants were served with summons and complaint, Writ of Attachment and Notice of Levying on Real Property, on July 18, 1972.",Facts
This they all three did except David he did drop his pants and shorts.,Facts
He denied that at such time he was carrying a bottle of whiskey.,Facts
"Appellant did not testify in his own behalf but called one Avelia Rangel who stated that she was present at the time and place mentioned in Lozano's testimony, that Lozano had bought and consumed some beer but that appellant was not present on such occasion.",Facts
"It is the rule in this state that a confession or statement of facts amounting thereto, made by an accused, while in custody or confinement, which would not be admissible as original evidence, may not be used for impeachment.",Rule/Law/Holding
Recently I heard something I would like to tell you if I can sometime.,Others
The evidence shows that it was given to Reva Sue Simp&ms.,Facts
"As I see it, the Legislature had authority to adopt and establish an election code without repealing the penal provisions of existing statutes and to provide a punishment by fine or imprisonment for the violation of certain of its provisions, without any reference in the caption to its penal provisions.",Analysis
Such a conviction cannot be permitted to stand.,Conclusion
"The prior act provided for confinement in the penitentiary for not more than two years and also contained a provision for confinement in jail and a provision for a fine of not less than $25 nor more than $500, or by such fine and imprisonment in jail.",Rule/Law/Holding
Defendant's expressed purpose for vacating sentence was to allow him the opportunity to perfect an appeal of his conviction.,Facts
"Sentence was pronounced on October 29, 1957, but execution thereof was suspended and appellant was granted probation.",Facts
Appellant then rested his case.,Facts
The facts proven are sufficient to support appellant's conviction for theft by false pretext.,Analysis
"The motion was heard, considered and overruled.",Facts
We find no error in the action of the trial court in overruling the objection.,Conclusion
The facts and circumstances are sufficient to warrant the jury's conclusion that the appellant fradulently converted the car to his own use with the intent to deprive the owner of the value thereof in El Paso County.,Analysis
"The state then made inquiry about two other judgments showing convictions for the offense of vagrancy, involving a defendant by the name of Billie Yvonne Coleman, and the witness responded that the judgment records disclosed convictions for the offense of vagrancy.",Facts
The court sustained appellant's objection to the statement of the witness and instructed the jury not to consider it for any purpose.,Conclusion
"The conviction is for robbery by assault; the punishment, 15 years.",Facts
"Appellant presented what he denominated a motion to dismiss the indictment, alleging that he had been arrested illegally and that certain property had been unlawfully taken from his custody.",Facts
"on the pistols, and thereafter appellant paid him $2.50 and repossessed the automatic pistol and ""said I could have the other pistol for the rest of the money"".",Facts
He did not make himself available for cross-examination.,Facts
The witness expressed the opinion that from the way appellant “smelled” and from the way he acted appellant was “drunk.”,Facts
Careful consideration has been given as to whether §17402 is more inclusive or more burdensome than necessary to further legitimate government purposes.,Analysis
"She testified that his eyes were rather glassy looking; that she had seen many intoxicated persons and that from seeing his eyes and how he sat in the car, and seeing him being helped into the ambulance later on, expressed the opinion that appellant was highly intoxicated.",Facts
"Appellant urges as unconstitutional that portion of subdivision (14) of Art. 725b, V.A.P.C., defining a narcotic drug, which reads: ""* * * and opiates which shall mean any drug found to be an addiction-forming or addiction-sustaining liability similar to opium or cocaine, which are now or may be added subsequently, as restricted preparations under the provisions of the Federal Narcotic Laws"" on the ground that such is an unwarranted delegation of legislative power to the Federal government.",Issue
"Judgment nisi was entered on February 23, 1959, when Phillip M.",Facts
"Dr. Ashworth testified that some of the bruises could be explained by the deceased having fallen on the floor, but others which produced serious internal injury would require a greater amount of force than would have been achieved by the body falling a relatively short distance, as from the height of a bed.",Facts
""" ""˜Narcotic drugs' means coca leaves, opium, and cannabis, amidone, and isonipecaine, every substance neither chemically nor physically distinguishable from them * *",Rule/Law/Holding
"The complaint of any irregularity in the order of transfer of an indictment from the district court to a court having jurisdiction should be urged before announcing ready, entering a plea and standing trial.",Rule/Law/Holding
"There is no dispute as to whether they were there or not, he just testified he didn't see them.""",Facts
The brother chose to call an ambulance.,Facts
They first met at the Manhattan Club around 4:30 P.M. at which time appellant had a pint bottle of Scotch whisky one-fourth full.,Facts
"B. Luster and his co-indictees, Jimmie Earl Smith, Joe Louis Trussed and Olenn Glenn Ward, were jointly charged by indictment with the offense of felony theft.",Facts
"The bill of exception as prepared by appellant and presented to the court alleges that counsel stated "" ""˜They have made no defense to this.' """,Facts
We need add only that it is apparent from this record that Honey Bee worked for appellant and that the two women (Honey Bee and Regina) were acting upon his command and were in a large measure dominated by appellant.,Facts
"Plaintiffs rely upon the transcript to bolster their original claim that the language of Government Code §49003(g), as it passed into law, did not cloak the Guam Memorial Hospital'with the protection of the Government Claims Act.",Analysis
"Do you know what, if anything, happened to your billfold?",Others
"From the record, this complaint does not present reversible error.",Conclusion
"The officer testified that when he went to the automobile, appellant appeared to be intoxicated and after he observed that appellant's eyes were watery, his speech was slurred and that he had difficulty in walking, he took appellant to the police station and booked him for Driving While Intoxicated.",Facts
"The record shows that appellant testified and denied any connection with the crime which was alleged to have occurred about 1:20 A.M., May 15, 1961, and the trial court in its charge to the jury submitted the defense of alibi.",Facts
"In view of appellant's testimony and the testimony of Dr. Gibbons, we overrule appellant's contention that the admission of Dr. Mason's testimony was reversible error.",Conclusion
"All of the foregoing occurred at the same term of court, hence the conviction as well as the revocation of probation is before us for review.",Facts
"The deceased left the Sibony Night Club in company with the band leader and operator Ponce after closing time, which was 1:15 on Sunday morning.",Facts
"Testifying in his own behalf, the appellant claimed the killing was accidental.",Facts
"In proof of the prior conviction alleged, the state offered in evidence certified copies of an indictment, judgment, and sentence in Cause No. 5466, styled The State of Texas v. Bobby Welch on the docket of the district court of Palo Pinto County, which showed that on July 30, 1957, the defendant named therein was convicted of the offense of theft of an automobile of over the value of $50.",Facts
"(c) For all claims, the Government of Guam shall not be liable for more than Thirty-Five Thousand Dollars ($35,000) in an action for wrongful death, nor for more than One Hundred Thousand Dollars ($100,000) in any other tort action.",Others
"The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 20 days in jail and a fine of $50.",Conclusion
"Three cases of beer and a broken case were found buried in an open field, two cases in one place and one in another.",Facts
Proof was made that the two prior convictions were final convictions and that the offense for which appellant was convicted in 1953 was committed after appellant's first conviction in 1949 had become final.,Facts
He appealed to the county court and the trial resulted in a like fine being assessed by the jury.,Facts
Does the judgment show a conviction on her?,Others
Appellant’s next complaint requires a more thorough discussion of the facts.,Analysis
"The court submitted the issue of entrapment to the jury in his charge, defined the term ""accomplice,"" and also submitted the issue as to whether the State's witness was an accomplice with an appropriate instruction as to the corroboration required to convict upon accomplice testimony.",Facts
The case contained twelve quart bottles of Falstaff beer.,Facts
"Thomas L. Ford, a state's witness, testified that he lived in Houston and operated a fish market; that he knew the appellant, had known him for three years.",Facts
I would put my hands on Mike’s and Pat’s peters and rub them and after awhile they would get hard.,Facts
"She stated: ""On my lips.""",Facts
"Trickett also testified that he and Officer Sterling, both wearing a badge and a gun, were attempting to arrest the appellant for the assault made upon his wife in their presence.",Facts
Here there is no question that the claim and complaint sound in negligence.,Analysis
The proof fails to correspond with and support the material allegations in the information.,Analysis
"In his motion for rehearing appellant, for the first time, challenges the validity of the prior convictions contending that the statute under which the prosecutions for ""Breaking and entering a motor vehicle"" were had is void for indefiniteness and uncertainty.",Issue
"For the reasons stated, the ordinance is void and the conviction thereunder cannot be sustained.",Conclusion
Appellant complains of Officer Geffert's testimony that while they were in the room where the barbituates were found appellant stated it was his room.,Facts
"Appellant's statement to the witness after his arrest which led to the finding of the murder weapon was admissible as an oral confession under the exception contained in Art. 727, Y.A.C.C.P., Bingham v.",Rule/Law/Holding
"The appellant testified that he went with Fryer's wife, but that her husband ""never one single time ever caught us out any place or any drive-in movie and any - - or any act of doing wrong * * *",Facts
"The sole defense raised by appellant’s testimony was that he shot the injured person in the protection of his property, which was adequately and correctly submitted in the court’s charge.",Facts
"""THE COURT: Overrule the objection.",Others
The writ of habeas corpus is granted and realtor is ordered released from further confinement under said sentence and delivered to the sheriff of Jefferson County to await the further orders of the Criminal District Court of said County in Cause No. 18162.,Conclusion
Appellant was convicted of hunting upon the enclosed lands of another and his punishment was assessed at a fine of $50.,Facts
"The offense is the unlawful possession of a narcotic drug, marijuana; the punishment, twenty-five years in the penitentiary.",Facts
The jury resolved the disputed issue of intoxication against appellant and we find the evidence sufficient to sustain their verdict.,Analysis
They were authorized to accept or reject any or all of the testimony of the appellant.,Facts
"The conviction is for keeping a disorderly house; the punishment, 20 days in jail and a fine of $200.",Facts
We have examined the informal bills of exception appearing in the record and find no reversible error therein.,Conclusion
"The prosecuting witness testified and the appellant, while testifying, admitted that he personally took the pictures of the boys in the nude in his apartment.",Facts
"R. 480, 68 S.W. 2d 1044, the collision occurred on a highway which was under construction, gates having been built across it.",Facts
Mrs. Storey identified said pistol as one of the two that were missing.,Facts
"Furthermore, this Court cannot change the law under the guise of construction so as to only apply to business entities.",Analysis
"The offense is the breaking and entry of an automobile for the purpose of committing theft (Article 1404b, V.A.P.C., as amended Acts 1955, page 351) ; the punishment, two years.",Rule/Law/Holding
Morris was shown to have subsequently retired and moved to Indiana.,Facts
The state's proof further shows that after appellant was re,Facts
"However, common law rules of interpretation state that the repeal of a repealing statute operates to revive the original enactment where the repeal of the repealing statute is accomplished by express provision without additional legislation on the subject matter.",Rule/Law/Holding
"By bill of exception No. 4, appellant complains of that portion of the prosecutor’s argument in which he said:",Facts
Relator alleges that such allegation is based upon the sworn statement of the prosecuting witness in the case.,Facts
"P.C., alleged that on or about the 4th day of November, 1961, in McMullen County, the appellant ""did then and there unlawfully enter upon the enclosed land there situated of ""another, to-wit, land under the control, care and management of J. W. Donnell, who then and there had the said land in his actual care, control and management, without the consent of the said J. W. Donnell, and the said Donald Harold Zigler, did then and there hunt with a firearm * * * .""",Facts
"""Recognizances and bail bonds are forfeited in the following manner: The * * * judgment [nisi] * * * shall state that the same will be made final, unless good cause be shown at the next term of the court why the defendant did not appear.""",Analysis
A confession alone is not sufficient.,Rule/Law/Holding
"Consequently, the judgment in that case was affirmed.",Conclusion
I'll try to drop around between 8 and 9 if I can get away.,Facts
We agree that Tonnahill is controlling for the facts as stated in that case.,Analysis
"The officers testified that this man lying on the ground was the accused, and this court held that the charge on circumstantial evidence was not required.",Facts
"After both the state and the defendant had announced ready for trial and a jury was selected, the relator, at 11:40 A.M., requested the court to give him time to confer with state's counsel relative to a possible plea of guilty in the cause, prior to the defendant entering a plea at that time.",Facts
"Bill 4 shows that after having testified on direct and on cross-examination that the premises searched, known as the Economy Cafe, were under the control of appellant on the day of the search, and having testified on cross-examination that he knew that to be true of his own knowledge, and after the witness had testified that he had never seen the persons above mentioned get paid, the witness was asked by appellant's counsel, and answered:",Facts
"We find the evidence sufficient to support the conviction and no reversible error appearing, the judgment of the trial court is affirmed.",Conclusion
The officers also found several cellophane papers which they identified as being paper in which heroin is commonly wrapped.,Facts
The appellant challenges the sufficiency of the evidence to support the conviction on the ground that there is no evidence that he had the intent to kill the injured party.,Issue
"I am aware of no constitutional or statutory requirement which would render the Legislature powerless to enact a penal statute which falls within a certain category of crime without making each element of that crime, as it is elsewhere denounced in the statutes or as it was known at common law, an essential element of such new act.",Rule/Law/Holding
"In Thurman, supra, two state's witnesses testified that they did not get close enough to the appellant to smell his breath; neither testified that he was intoxicated.",Facts
Judgment is affirmed.,Conclusion
Agent Sherman then proceeded to drive to various places in the city upon the instructions of appellant and his companion.,Facts
I will ask you whether or not he was catching ahold of it with his fingers?,Others
"The last time that he came was about the middle of May, 1961, when he did the same thing to her that he had done before.",Facts
"""The indictment alleged that the appellant did ""˜designedly thrust and force into the vagina * * Appellant contends that it is defective because it did not allege ""˜unlawfully, wilfully and designedly'- We find further in the indictment the allegation that the appellant ""˜did then and there by the use of said means unlawfuly, wilfully and designedly produce an abortion' upon the prosecutrix.",Facts
"This case comes before the Court on a ""Complaint to Recover Penalty"" by the Attorney General under Sections 17402 and 17402.1 of the Government Code of Guam.",Facts
"""That the insistence of the said Mackin that the court recess at 11:40 A.M., and immediately before the court called for the reading of the indictment and entry of a plea, the court having previously stated to the said Mackin and the state's attorney that the court would not recess for lunch until said indictment was read and a plea entered thereto, the said Mackin fraudulently effected the absence of the defendant Kitchens and prevented the court in the absence of a plea from proceeding with the trial of the cause; the court finds that the said Mackin, knowingly and fraudulently, thus perpetrated a fraud upon the court causing a mistrial of the cause, and the defendant Kitchens to absent himself prior to a plea to the indictment, and the said Jack Mackin is adjudged in contempt of the court * * *""",Analysis
We find no merit in appellant's contention that the court erred in admitting in evidence the four bottles containing the barbiturates and amphetamine tablets because it constituted proof of other extraneous crimes.,Analysis
Appellant testified that any loss of his mental and physical faculties at such time was caused by an asthmatic condition from which he was then suffering.,Facts
"By their verdict, the jury resolved the defensive issue against appellant and we find the evidence sufficient to sustain the judgment of conviction.",Conclusion
He testified that his bank had never during his sixteen years of employment issued a cashier's check and that they had no person employed at the bank with a name similar to that appearing on the check in question.,Facts
Truly this section does not regulate with narrow specificity.,Analysis
Ford made no effort to conceal the shells which were delivered to him even if they had been shown to be those which were stolen.,Facts
"The witness stated that he then returned to the apartment and appellant remained downstairs; that in some 15 or 20 minutes appellant came up to the apartment and asked him for $21 which he gave her; that after appellant left, he looked out of the window and saw a Mexican man drive up in an automobile and m some 2 or 3 minutes appellant returned to the apartment with a Mexican woman; that the Mexican woman then gave the appellant a piece of paper and, after the woman left, appellant handed the witness a red cellophane package which contained 3 capsules.",Facts
"Dr. Everrett L. Sutter, a Doctor of Philosophy and Psychology, testified that he had treated some 57 cases of sex deviation and had success in 55.",Facts
"When the deceased passed going in the direction where Mary Lou had left appellant, Mary Lou started to walk back.",Facts
"The evidence is sufficient to support the conviction and no error appearing, the judgment is affirmed",Conclusion
"""We have been unable to see in what way the details of the injuries sustained by Mrs. Ripley and the resulting pain and suffering and probable continuance thereof shed any light upon the question of whether appellant was intoxicated, and if objection thereto had segregated this part from the evidence which was admissible a most serious question would have been presented.""",Analysis
"The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.00.",Facts
We find no error in the admission of the testimony of the prosecutrix as to such outcry or report.,Conclusion
One of the officers got out and recovered some of these contents while the officer proceeded to arrest the appellant.,Facts
"Thomas Flowers, a patrolman for the City of San Angelo, testified that on the night in question, around 10:30 or 11 P.M., while on patrol duty near the Holiman School, he noticed an automobile parked near the school and put his spotlight upon it; that the automobile started up and moved out; that after a short chase he overtook the automobile and found appellant driving and observed that his ""breeches"" were down around his knees.",Facts
Appellant did not testify or call any witnesses in his behalf.,Facts
"There is no showing in the record what the answer of any venireman would have been, and there is nothing to show that any objectionable juror served on the jury, or that appellant exhausted his peremptory challenges, or that appellant was prejudiced because any juror had or did not have conscientious scruples against the infliction of death as a punishment for the crime of rape.",Analysis
"The arrest of appellant being lawful, the incidental search of his automobile was lawful.",Analysis
By entry of judgment nunc pro tunc the original judgment has been reformed to correctly reflect that the appellant plead not guilty in the trial court rather than guilty.,Facts
The appeal is,Others
No further action pertaining to said purported bill is shown by the record.,Facts
"Mrs Hill testified that she had seen people that she knew were drunk before, and her opinion was that appellant ""was dead drunk.""",Facts
"The investigation which followed the report of the breaking and entry of the automobile led the officers to the Colder Hotel in Odessa, where the room of appellant was pointed out.",Facts
"""By a motion to quash appellant assailed the indictment, because it omitted the charge that appellant ""˜unlawfully' possessed the intoxicating liquor for the purpose of sale.",Analysis
"As to what transpired during this trip, we quote the following:",Others
"The other contentions presented have been considered, and they do not show error.",Conclusion
"When such error is for the first time called to the attention of the trial court in a motion for a new trial, this court will not reverse because of it, unless it appears, from the whole evidence adduced on the trial, that the defendant's rights may have been injured in consequence of it.""",Rule/Law/Holding
"In order to come within the purview of Article 6, the failure to include such element must render the statute so indefinite or of such doubtful construction that it might not be understood.",Rule/Law/Holding
He points out these additional facts: No alcoholic beverages were found on appellant's premises except a can of beer found in his house.,Facts
Later he heard a noise in the room and when he went in he found his wife on the floor.,Facts
"There was blood in the deceased's hair and a pool of blood on the floor at the head of the bed, and glass from a broken half gallon bottle on the floor.",Facts
The state takes the position that the refusal to so charge was not error because the evidence does not raise any of these issues.,Analysis
The judgment and sentence as recorded in the minutes show a conviction for assault with intent to murder.,Facts
"One of you, I believe is a former teacher and Veteran employee, that is the one to whom I am writing, my other request is perhaps peculiar but I want you to love me sexually and you take the part of the man and let me be the woman (I am a man).",Facts
"Bill of Exception No. 1 certifies that ""there was no person other than the Defendant who might have testified concerning the matter of whether or not the defendant has a slur or has lumbago, as was discussed in the prosecutor's argument.""",Rule/Law/Holding
This is a companion case to that of Blaylock v.,Analysis
The weapon used in the commission of a crime is admissible in evidence.,Facts
The state relied upon circumstantial evidence.,Facts
The vial contained 23 capsules and 14 tablets.,Facts
"Appellant filed a plea of former jeopardy to paragraphs No. 2 and No. 3 of the indictment and alleged as grounds therefor that he had been put to trial on May 1, 1961, in the same court in an entirely different burglary case in which the same two prior convictions were alleged in the indictment and after the jury had failed to agree in the case they were discharged by the court without appellant's consent and before they had been kept together for such time as to render it altogether improbable that they could agree.",Facts
The jury rejected the claim of alibi and the evidence is sufficient to sustain their verdict.,Analysis
"As has been stated, the report identified the blood as that extracted from Jesse Enos Ray by Dr. Gibbons, as appellant testified and as Dr. Gibbons testified.",Facts
This witness also testified that she did not know either the appellant or Billie Yvonne Coleman.,Facts
It is not necessary to appraise appellant's contention because appellant is not in a position to complain of the state's introduction of evidence of his possession of the pills when appellant admitted while testifying that he had possession of the pills.,Analysis
"Finally, we conclude that had the search resulting in the finding of the wine been unauthorized it was incumbent upon appellant to have objected to the evidence when it was offered —that is, to the introduction of the fifteen cases of wine.",Conclusion
"Finding no reversible error, the judgment of the trial court is affirmed.",Conclusion
She further testified that her son had a red and white Oldsmobile but she did not see it when he came home about 7 A.M. January 4 and the next time she saw it was in Morton a few days later.,Facts
The motion is GRANTED.,Conclusion
E. Darland and his wife testified that they observed appellant after the accident and that it was their opinion that he was intoxicated.,Facts
The evidence adduced from the seven witnesses testifying on the motion for new trial is summarized as follows:,Facts
"As has been stated, appellant was not a tenant and the apartment house belonged to the prosecutrix who authorized the search.",Facts
The permit offered in evidence was not a defense to the charge of possessing intoxicating liquor in a dry area for the purpose of sale.,Analysis
"When we first got him to the station, he was belligerent.",Facts
The fact that the felony punishment has been reduced since the conviction is not ground for attacking the conviction by habeas corpus.,Rule/Law/Holding
"The evidence is sufficient to support the conviction, and therefore the judgment is affirmed.",Conclusion
"The state did not directly nor conclusively controvert appellant's fact issues ""” unless resort is to be made to the affidavits attached to the state's answer and the statement of facts adduced at the hearing for new trial is to be disregarded.",Analysis
"We find no reversible error in the court's refusal to grant a mistrial after Officer Lambert, while testifying with reference to the date of the commission of the offense for which appellant was convicted in 1953, volunteered the statement ""all of his burglaries dated back about six months.""",Conclusion
"Assuming that the objection was sufficient, the admission of the evidence showing that a pistol was found in the automobile is not ground for reversal, the record containing a stipulation that the pistol introduced in evidence was under the front seat and was loaded, and that it was removed from appellant's car on the day in question; and appellant testified in regard to the two firearms he had in the car.",Analysis
"Witnesses were called by appellant, including two women passengers in the car with him, who testified in support of his contention that he was not intoxicated.",Facts
"""THE COURT: That is sustained; the jury won't consider it for any purpose whatsoever.",Others
Appellant challenges the sufficiency of the evidence to support the conviction.,Facts
"On June 19, Dallas Police Officers arrested the appellant, who was found hiding in a clothes closet, Mendenhall, who had a loaded pistol in his belt, and two companions in Mendenhall's apartment.",Facts
"He testified that he then discovered that the door of the house between the patio and back yard had been pried open and ""there were scratches where it had been pried open.""",Facts
"Deputy Sheriff Miller of Parker County testified that she had made an intensive investigation in the vicinity of Aledo and was unable to find any James Powell, Route 1, Box 406, as State's Exhibit No. 1 was endorsed.",Facts
"The evidence shows that the needle, eyedropper and the four bottles of pills and capsules were delivered by Officer Geffert to Chemist and Toxicologist Thomas L. Metz of the Houston Police Department.",Facts
"Trial was at the July-October, 1961, term of the court upon appellant's plea of guilty to the indictment and waiver of a trial by jury.",Facts
"In his motion for new trial, appellant urged that during the jury's deliberations they received other testimony; that shortly after the jury retired they agreed upon a ""guilty"" verdict; that there was a ballot taken as to punishment, wherein several jurors were for a suspended sentence, several were for a short sentence up to ten years, and only two were for death or a long sentence.",Facts
"Upon an immediate investigation, a two-toned red and white ’55 Oldsmobile 88 automobile which had turned over several times was found by the side of the road near the curve about 80 yards from the Hatcher residence.",Facts
We must determine whether the court erred in declining to grant a mistrial.,Issue
"And, during this period of time that you talked with him, what was his manner of speech, how did he form his words and speak to you?",Others
"The appellant was removed to the Harris County Jail, and his pickup truck was driven to the Harris County Courthouse.",Facts
No statement of facts of the evidence adduced upon the main trial on the issue of appellant's guilt accompanies the record and appellant's sole contention on appeal is that the court erred in overruling his plea of former jeopardy.,Facts
"Article 52-87a2, C.C.P., provides that the above named courts shall have and exercise concurrent jurisdiction with each other in all felony cases, and in all matters and proceedings of which the said Criminal District Court of Tarrant County originally had jurisdiction; and either of said judges of said Criminal District Courts may in their discretion, by proper order, transfer any cause that may at any time be pending in his court to the other Criminal District Court.",Rule/Law/Holding
"That Chapter 6, Title 17 of the Penal Code of the State of Texas, 1925, be and the same is hereby amended by adding a new Article to be known as Article 1404b to read as follows * * *""",Rule/Law/Holding
"There is no showing as to whether this was before or after the confession was made or that the ""swollen"" condition of his face was the result of any externally applied force.",Facts
We need not pass upon the question as to whether or not Tafolla was an accomplice witness because the trial court instructed the jury that he was and further charged them on the law of circumstantial evidence.,Analysis
"Such an instruction need not be given when the state's evidence is direct, nor if the facts proven are in such close juxtaposition to the main fact to be proved as to be equivalent to direct testimony.""",Rule/Law/Holding
"They testified that appellant, who was in the automobile alone, smelled like he had beer on his breath, that he was ""wobbly"" after he got out of the automobile and spoke in a thick tongued manner, slurring his words, and expressed the opinion that he was intoxicated.",Facts
"He didn't want to raise his head.""",Facts
"The court granted relator's request at 11:40 A.M. and recessed the cause until 1:15 P.M. Court resumed at 1:15 P.M., at which time the defendant failed to appear, and upon his name being called at the courthouse door by the sheriff the defendant did not answer.",Facts
The question was raised for the first time on appeal.,Others
"He stated that Fields later returned with appellant, whom he represented to be his oil field boss or driller, a Mr. Hall.",Facts
"While they were in the store, a shot was fired and the two ran outside and fled.",Facts
"The appellant, while testifying in his own behalf, admitted that the pills were in his pants pocket at the time in question and had been in his possession for about three days, but that he had no idea that the pills contained amphetamine.",Facts
"In view of our disposition of this case, a recitation of the facts will not be deemed necessary other than to observe that there is no evidence in the record that appellant had ever before been convicted of any offense.",Analysis
"Trial in said cause was before the court, a jury being waived.",Facts
"That all permitted signs are illegal per se if not in English or Chamorro or without a translation into either, is contradictory to the most basic right of a democratic society - the First Amendment right to freedom of speech.",Analysis
Various witnesses said that Jackson was standing on the porch with a knife in his hand but that his hands were down at his side and that he never used the knife.,Facts
The physician further testified that death resulted from the two gun shot wounds in the abdomen.,Facts
"A statement of facts, setting forth the testimony heard at the hearing, accompanies the record before us.",Facts
This witness was at Jo Ann's house on the 5th of August and was present at the time the embryonic sac burst.,Facts
"Our prior opinions herein are withdrawn, and the following is substituted in lieu therefor.",Others
"The record reflects that about the time two other officers knocked on the apartment door, Officer Blessing was standing outside and heard the screen fall to the ground, which he found to be from Mendenhall's apartment.",Facts
Appellant questions the sufficiency of the evidence to sustain the conviction on various grounds.,Issue
"Appellant and his companion made both oral and written confessions, but appellant’s written confession was not introduced in evidence.",Facts
"He further testified, without objection, that the appellant read the statement, said he signed it and that it was true, and made no claim that it was involuntarily made.",Facts
"There are no formal bills of exception, nor are there any informal bills.",Facts
"It charges appellant with committing the robbery by exhibiting ""a firearm, to-wit: gun"".",Rule/Law/Holding
"Fuller testified that he knew appellant and had arrested him on prior occassions; that he was wearing his badge on the occasion in question; that appellant started telling him ""about the trucks and the dust;"" that he informed appellant that the road over which the trucks were traveling was in Upshur County and out of his jurisdiction; and that he warned appellant not to take the law into his own hands but report the matter to the sheriff of the proper county.",Facts
ON MOTION FOR REHEARING,Others
"Troublefield testified that about April 21, he agreed to let Dale Barnett put a calf in his barn until Dale could sell it; that it was a white-faced calf and that it later got out of the barn.",Facts
The trial court sustained the objection and instructed the jury to disregard the testimony complained of.,Facts
"Proof that the named female was procured ""to be"" at the place named for the purpose of meeting and having sexual inter""¢course with a male person constituted an offense under the statute.",Facts
* * * A variance as to name in an indictment has been held not fatal if it is not the name averred to be forged.',Rule/Law/Holding
"605, 183 S.W. 2d 177; Judge Hawkins, speaking for the Court, said, ""It is well established as a general rule that upon the trial of one charged with crime it is not permissible to show that another jointly or separately indicted for the same offense has been convicted or acquitted.""",Rule/Law/Holding
"Appellant, testifying in his own behalf, stated that he was in Olney on the day in question attending his wife who was a patient in the hospital; that Fields, whom he had known for some time, came to the hospital and asked that he accompany him to the filling station and vouch for him; that he did so and ""stood good for Jerry Fields gasoline"".",Facts
He related that he was in the kitchen drinking coffee when he saw the complainant come to his brother's shop.,Facts
"A statement of facts approved by the trial judge was filed in the trial court on January 17, 1961, and in this court the next day.",Facts
Appellant's contentions are without merit.,Analysis
The State's evidence shows that appellant was stopped and arrested around 2 A.M. by Officer Don Garrison after he had clocked appellant driving his automobile at a speed of 80 miles per hour on the Pan American Expressway in the city of San Antonio.,Facts
"Mrs. Mooney, while testifying, expressed the opinion that the accused was the same person who presented the check and for whom she cashed it.",Facts
"She further testified that the man appeared to have been drinking, was wearing white khaki clothing, and had bushy hair but that she could not identify appellant as the man.",Facts
The state has ably briefed the question and has pointed out many authorities to sustain its position that these judgments were admissible.,Analysis
"Think of his side but also think of the other side, the people who have to travel our highways, they are the ones that are involved in this case.",Others
"The evidence is sufficient to sustain the conviction, and no reversible error appearing, the judgment is affirmed.",Conclusion
"Appellant did not testify in his own behalf, but offered evidence that one Raymond Gonzales was in jail on charges in nine forgery cases.",Facts
The clerk testified that since the date of that election there had been no election declaring Smith County a wet area.,Facts
"The appellant did not testify or offer any testimony, and no brief has been filed in his behalf.",Facts
"Robert and appellant returned that afternoon and engaged in another dice game, and Robert had several dollars in his hand when the deceased entered the room with a paper bag in his hand and began cursing him, and told him that he had thought about the money the proprietor had given him and he had come back to take it, and put the paper bag in his pocket and grabbed him.",Facts
Highway Patrolman Ben L. Bean testified that he arrested the appellant while he was driving a Falcon pickup truck in the vicinity of Dayton in Liberty County.,Facts
Appellant objected to this testimony on the ground that at the time he made such statement to the officer he was under arrest; that the statement was not reduced to writing after proper warning and that it was improper impeachment.,Facts
"The allegation in the information that appellant did ""send and cause to be sent"" the anonymous letter was in the language of the statute, Art. 1295, supra, and sufficient to allege the manner and means by which the offense was committed.",Analysis
"The state's testimony reflects that Mrs. Mabel Cummings was the president of Urbana Sand and Gravel Company, the corporation being the owner of the store that was broken into without her consent.",Facts
The Chevrolet had moved 46 feet from the point of impact and there were skid marks 56 ft. in length in a southerly direction on Westmoreland Street.,Facts
"The evidence shows that Arnold Boulevard was open and was traveled by the public on the date appellant drove thereon while intoxicated, though the evidence further shows that Dyess Air Force Base was fenced; the Boulevard was built by the government; there were gates which at times were closed and the Base Commander and those under his command were responsible for the controlling of vehicular traffic on its roads and could and would, at times in their discretion, obstruct ail entrances and bar admittance to anyone that wanted to enter.",Facts
"Chapter 6 Title 17 of the Penal Code includes Art. 1406 P.C. which provides in part that the definitions, rules and explanation of terms in the preceding chapter are applicable to such terms in Chapter 6.",Rule/Law/Holding
"The evidence of the state in this case is substantially the same as that shown in the decision of Blaylock's case, supra.",Analysis
Appellant's remaining contention is that there was no evidence that the offense charged was committed in Texas.,Issue
And the offense please?,Others
"Upon his plea of guilty before the court, a jury being waived, appellant was found guilty of assault with intent to murder with malice, and assessed a punishment of 15 years.",Facts
"He testified that after they had observed this conduct for a short time he and Barnett burst out into the latrine, at which time he saw appellant's sex organ in an upright position as he withdrew from ""bodily contact"" with Pelton, that Pelton's rectum ""was red and looked like it was turned wrong side out,"" and likened it to the rectum of a horse immediately after discharging waste matter.",Facts
"Chapa testified that on the following Sunday appellant did return, but when he was told that Chapa had determined the check was no good appellant fled with his (Chapa's) son in pursuit.",Facts
"He testified that he found a quantity of green particles in both of appellant's shirt pockets and in one pocket of his pants, and he placed these substances in packages which he identified at the trial as State's Exhibit No. 2.",Facts
"It is worthy of note that in addition to the provisions dealing with health professionals, §6500.13 includes the limitations on liability which are an essential part of the Government Claims Act.",Rule/Law/Holding
Appellant next insists that the court erred in refusing to charge the jury on circumstantial evidence because there was no direct evidence that he fraudulently converted the mohair to his own use and benefit.,Issue
"""Examining the impeaching testimony of the officer in the matter now before us, it is not made to appear that the vagrancy to which appellant pleaded guilty, as asserted by the officer, could be admissible as impeaching testimony.""",Analysis
"When they arrived in Tyler, they were unable to find their victim or his automobile and went to his apartment in their search, at which time she was questioned by two ambulance drivers.",Facts
"Upon a plea of not guilty before the court without a jury, the appellant was convicted of the illegal possession of amphetamine; the punishment, a fine of $100.",Facts
"While the motion to quash was not timely made, being filed and presented after selection of the jury and after appellant entered his plea of not guilty, we have considered the grounds urged by appellant and find the allegations of the information sufficient to charge an offense.",Analysis
This contention rests on Sheriff Owen's testimony before the jury that he told the appellant to tell the truth; that it would be better for him to tell the truth; and he explained to him that if he did not it would still be against him.,Facts
Appellant also denied that the cigarette lighter and pencil found in her home belonged to him.,Facts
There are no formal or informal bills of exception and no brief has been filed on behalf of appellant.,Facts
"Later on Monday evening, appellant called Mrs. Wilhite, inferred that she had turned him in, and asked her to start working as a prostitute and make money to repay him for the money he had been out in making bail.",Facts
Such an appeal is authorized.,Rule/Law/Holding
"Appellant's brother and another witness corroborated his testimony, but no witness testified to any overt act on the part of Garza.",Facts
No such burden exists in cases involving First Amendment rights.,Facts
On March 29 appellant made and signed a written statement to Officer Rodney Vugteveen in which he admitted and described in detail how he and his companions obtained the tires and tube from the injured party by using the Gulf Credit Card and falsely representing to him that they had the truck on the road and needed some tires.,Facts
It has been consistently held that a variance between the complaint and the information as to the date when the offense was committed is fatal to the validity of the information.,Analysis
The appellant’s motion for rehearing is granted; the opinion and order affirming the conviction is withdrawn and the judgment is now reversed and the cause remanded.,Conclusion
"Appellant, if we understand his position correctly, contends that the evidence did not overcome the outstanding hypothesis that Orby Arthur and not he possessed the intoxicants.",Issue
The remaining complaint relates to alleged jury misconduct.,Facts
The bill of exception does not show an abuse of discretion on the part of the trial court in overruling the motion for continuance.,Analysis
We shall set forth all of the evidence adduced by both the state and the appellant with references to these prior convictions.,Analysis
"It is observed that no motion for a new trial was filed, and the court in its charge to the jury did not mention the death penalty.",Facts
The state's evidence shows that on the day in question Customs Officers Donald J. Hauff and Stewart Adams received information that the appellant was to take delivery of a quantity of marijuana near a cafe in the city of Harlingen.,Facts
"Appellant Martin, by written motion sought to quash the citation issued and served on him.",Facts
* * * * I called Mrs. Downey and told her that I would like to bring some of Mike’s clothes over there as he had left them at my place.,Facts
"Guam's Government Claims Act differs from those of many other jurisdictions, for while the act waives the sovereign immunity of the territory, it does not indemnify or immunize the employee.",Analysis
"The evidence is deemed sufficient to sustain the conviction upon appellant's plea of guilty, and we find no error.",Conclusion
"Appellant said he lived in Fort Worth, and gave the number of a certain street as his address which appears on the rental agreement.",Facts
"This is not, as I see it, the case before us here.",Others
I hope you will see me.,Others
"The indictment charged that the appellant did unlawfully possess a narcotic drug, to-wit: dolophine.",Facts
"For the defect pointed out in the information, the judgment is reversed and the cause is remanded.",Conclusion
Appellant did not testify or offer any evidence in his behalf.,Facts
The Court finds §17402 of the Government Code of Guam to be an unconstitutional infringement upon a citizen's First Amendment right to freedom of speech.,Conclusion
"* * *"" The mere omission, in the court's order of transfer, of a recitation that it was with consent of the court to which the transfer was made would not render the order of transfer void.",Analysis
"This statute states that ""The following persons are and shall be punished as vagrants, viz. * * * ,"" and then lists twenty-one (21) distinct categories or sections by way of classifying the persons amenable to this act, among them being persons known as tramps, persons leading an idle, immoral, or profligate life, who have no property to support them, and who are able to work and do not work; persons able to work who have no visible means of support; habitual loafers and loiterers, persons trading or bartering stolen property; every common gambler, gypsies, beggars, every common prostitute, every able-bodied person who lives without employment or labor, and who has no visible means of support.",Rule/Law/Holding
He further testified that the reason he signed the statement of April 21 was because a lieutenant at the police station told him if he would sign the statement the court would be more lenient with him and he would not get the chair.,Facts
I respectfully dissent.,Others
"Both cases were again set for trial on March 27, 1961.",Facts
"The court responded: ""Yes.""",Others
"The sole question presented for review is the alleged failure of the State to prove the unnecessary allegation in the information that the sale was made ""on the premises of 5th and Fillmore Street, City of Amarillo"".",Issue
"The burglary was committed on the night of October 9, 1959.",Facts
CONCURRING OPINION,Others
"When asked if he was shooting at Jimmy Ann Davis, appellant replied, “Yes sir.",Facts
"While he was driving, appellant told his companion, Helen Jackson, to give him the money because his connection ""Roy"" would only sell to him.",Facts
"The prosecutrix testified that appellant sprang at her, forced her into the bedroom and onto the floor, removed her underclothes and opened his trousers; that he jerked her to her feet; pushed her on the bed, and that she resisted throughout with all the strength she had.",Facts
"""Q. Tell us what happened in the house,",Others
Appellant's guilt as a principal also depended on proof by circumstantial evidence.,Analysis
Appellant then said he wanted to kiss her.,Facts
"We said: ""In the absence of a showing in the bill that the conversation was",Others
I am the one who has to prosecute the people who take the lives of others on our highways every day.,Others
"When the coffee failed to revive prosecutrix, they took her to a funeral home where they secured some ammonia inhalants and the aid of attendants, but all efforts to revive prosecutrix failed, and they were advised to take her to a hospital.",Facts
Great stress is placed on the fact that Jerry's underclothes were shown to be bloody while those of appellant were not.,Facts
"She further related that when she reached the home and shop of appellant she spoke to him, inquired where his daughter was and, being told the daughter was not there, told appellant about her ""bike"" being broken and asked him to fix it, then borrowed a ""bike"" from appellant and rode off to look for her schoolmate, the daughter of appellant.",Facts
"No reason exists why the rule should not apply to a sodomy case such as the one before us where the victim of the lust is a young boy, 13 years of age, when the acts are committed.",Analysis
"Appellant was convicted in the District Court of Brazos County, after a change of venue from Leon County, for the offense of murder and his punishment assessed at confinement in the penitentiary for forty years.",Facts
"Certain clothing of appellant was introduced in evidence, including a pair of white pants, a white shirt, and a pair of shorts worn by the appellant which, upon being examined by Chemist Charles Smith of the Texas Department of Public Safety, was found to contain seminal stains thereon.",Facts
"However, rather than hear the motion to suppress, the Superior Court entertained an application to disqualify the Attorney General of Guam from acting as prosecutor in the case.",Facts
"The trial court was, in this case, the trier of facts as well as law.",Analysis
"Undercover agent Tolliver of the Liquor Control Board testified that he accosted appellant, a cab driver, in front of the Crossroads cafe at Fifth and Fillmore at 2:30 A.M. on the night in question and asked him for some whiskey, that appellant instructed him to wait and soon returned, that he got in the cab and appellant asked him for the money, that as the cab was moving he asked appellant where the whiskey was and was instructed to look on the floorboard, that he paid appellant ""between Fifth and Fillmore and Fifth and Pierce"" (one block away), where he alighted from the cab.",Facts
"On cross-examination, he admitted that he did not see appellant's private penetrate Pelton's rectum, because they both had their backs to him, but he did testify to bodily contact between the parties, and that appellant's penis was ""very muchly erected.""",Facts
“There was a material change in the penalty.,Analysis
"They said the appellant then got in his pickup and left at a rapid rate of speed, spinning his wheels as he left and almost struck Mrs. Jackson with his pickup.",Facts
"While the questions were argumentative and appellant's objection should have been sustained, under the record, the court's ruling does not call for a reversal of the conviction.",Analysis
"These are companion cases, and, although appellants were separately indicted, by agreement they were tried together and the appeals are hereby consolidated.",Facts
A small portion of the front of appellant’s car struck a small portion of the right-hand side of the Smith car.,Facts
"The offense is statutory rape; the punishment, 5 years.",Facts
The jury resolved this issue against appellant.,Conclusion
"Upon a plea of guilty before the court without a jury, appellant was convicted of the offense of driving while intoxicated and his punishment assessed at 3 days in jail and a fine of $50.",Facts
"During the course of the trial, the State introduced evidence that Fields had, prior to the instant trial, been convicted for the same offense and was serving his sentence.",Facts
It is insisted that the trial court erred in permitting a member of the grand jury to testify in rebuttal to testimony given by appellant on cross-examination by the state showing that he did not repudiate his written confession while testifying before the grand jury as he had' on the trial.,Issue
"Since Articles 262 to 269, V.A.P.C., were repealed by the Acts of 1959, 56th Legislature, page 34, chapter 22, section 1, we must determine on this habeas corpus hearing whether or not the facts set forth in the indictment constitute a violation of any valid penal statute.",Issue
"We adhere to such ruling, and overrule appellant's contention.",Conclusion
"En route, appellant told him that he and the prosecutrix had been taking pills, showed him the box, and instructed him to stop the automobile so that he might hide them.",Facts
"The offense is procuring; the punishment assessed by the jury, 30 days in jail and a fine of $50.",Facts
We find the evidence sufficient to sustain the conviction.,Conclusion
"The act charged as the basis of the offense of loitering for which he was convicted is not one defined by the Penal Code of the State, but is one allegedly made an offense solely by virtue of the city ordinance.",Analysis
"The voluminous statement of facts, consisting of 531 pages, contains only one informal bill of exception.",Facts
The sole question presented by brief relates to argument.,Others
"The formal bill of exception which appears in the transcript sets forth two portions of the prosecutor's argument, but nowhere therein is it shown that an objection was made thereto.",Facts
"""It is a case in which a female, whether wed or unwed, consenting to the act of an abortion, and for the filthy, measly price of $75.00 in money, in effect, squelch out, kill and murder some unborn child * * *",Facts
"In the statement, appellant admitted having written the letter in question and placing it in the mail box at the home of the prosecuting witness.",Facts
"Appellant, as a witness in his own behalf, gave his version of the collision and testified that he was not intoxicated.",Facts
Thus employees are freed to some extent from concern about individual liability which make them overly cautious about their actions being found negligent and adversely affect their function as employees.,Analysis
The Government consents to be sued only as provided in the Act. It can not be easily construed in the absence of express language that the adoption of §680.1 of the Code of Civil Procedure necessarily implied a repeal of §6500.15 of the Government Code.,Analysis
"Defendant argues that the correct interpretation of the various provisions is that the Claims Act procedures are applicable while in the event of liability, GMH funds, rather than Government Claims Fund, will be drawn against.",Facts
"After trial, sentence, and notice of appeal to this court, appellant was adjudged insane and committed to a state hospital.",Facts
"During the night and following day, Sunday, he continued to call and talked to Mrs. Wilhite about her daughter, who was still missing.",Facts
"E. Fields, surities on a habeas corpus bond wherein Tennyson Searcy is principal, from the final judgment of Criminal District Court No. 2, of Dallas County, forfeiting said bond.",Facts
The court further instructed the jury on the law of principals and submitted the defensive issue of whether the deceased's death was caused by acts of the appellants.,Facts
He also testified that he fired a third shot which was also accidental.,Facts
"The evidence is sufficient to support the conviction and, no error appearing, the judgment is affirmed.",Conclusion
"Included in the prison records were certified copies of the indictment, judgment, and sentence in Cause No. 61808, Styled The State of Texas v. Marion Todd, on the docket of Criminal District Court No. 2 of Harris County which showed that on October 17, 1949, the defendant therein was convicted in said court of the offense of burglary and certified copies of the indictment, judgment, and sentence in Cause No. 70168, styled The State of Texas v. Marion Earl Todd, on the docket of Criminal District Court No. 3 of Harris County which showed that on November 3, 1953, the defendant therein was convicted in said court of the offense of felony theft.",Facts
"616, 51 S.W. 2d 715, which holds that ""the definition of larceny which omits ""˜without the consent of the owner' is now universally conceded to be defective"" and that a theft statute which omits such an element is inoperative as such.",Rule/Law/Holding
"The proof further shows that on April 6, 1960, the date Gee delivered the mohair to L. Schwartz Company, the company was in financial difficulty and was in fact insolvent and that a short time thereafter the company closed and was placed in bankruptcy.",Facts
"The affidávit of Milton C. Kitchens, defendant in the cause, has also been filed in this court in which he swears that he left",Facts
Reliance is had upon Toombs v.,Rule/Law/Holding
"Under a proper instruction from the court on murder with malice, murder without malice, and accident, the jury chose to accept the evidence as presented by the witnesses for the state, and rejected that of the appellant.",Facts
"And beaten you up many times, had he not?",Others
"No statement of facts accompanies the record, and there are no formal bills of exception.",Facts
"""I asked him if he was driving the other automobile and he said ""˜That's right, and I went and made an apology for that wreck.' """,Facts
The issue of intoxication was sharply contested.,Issue
Mr. Rust testified that the key was not in the automobile and that he did not give anyone his consent to take the car.,Facts
"Although the exercise of this discretion is subject to review, it will not be disturbed unless a clear abuse is shown.",Rule/Law/Holding
"On his cross-examination by State's counsel, appellant denied that he told Officer Evans he had been up all night with his girl companion drinking Ezra Brooks whisky.",Facts
"He arrived in Fort Worth on January 16 but could not be located at the Fort Worth address he gave in El Paso, nor did his relatives at said address know of his whereabouts.",Facts
"The boy further testified, ""* * * he (appellant) put his mouth on my private parts * * *"" and had him put his private part in appellant's rectum.",Facts
The manager paid him $4 per sack and the appellant gave him a receipt.,Facts
"Rather, it provides that judgment or settlement of a government claims action bars further action against the employee (6500.20).",Analysis
"After appellant's arrest, Officer Chavez searched him in the narcotics office of the Houston Police Department.",Facts
"The offense is driving while intoxicated; the punishment, 5 days in jail and a fine of $150.",Facts
"In view of the amount of alcohol found in the blood, had alcohol been used to cleanse it would not have affected the doctor's conclusion that the result showed intoxication, hence would not warrant reversal.",Analysis
"The offense is carrying a pistol as a second offender; the punishment, confinement in jail for a period of 210 days.",Facts
"The offense is fondling the sexual parts of a male under 14 years of age; the punishment, confinement in the penitentiary for 6 years.",Conclusion
"The arguments complained of by Bills No. 1, 2 and 3 are, in order, as follows:",Facts
"However, it does not appear that exception was reserved to the court's failure to submit the issue.",Facts
The car was of the value of more than $50 and was taken without the owner’s consent.,Facts
Both cases were reversed for insufficient evidence.,Conclusion
Judgment nisi was entered forfeiting the defendant's appearance bond.,Facts
"""The asking of the question was improper impeachment of the defense witness and the court properly sustained the objection and excluded the answer.",Analysis
The offense report appears in the record.,Facts
Both tracts of land were enclosed by a four barbed wire fence.,Facts
"For all practical purposes, the application for the suspended sentence, with the affidavit, was already in the evidence, without being admitted.",Facts
"In his closing argument, the prosecutor said, “It’s a reasonable deduction, since he went into this, that this isn’t the first time this man has been in jail.”",Analysis
"While the court's comment was improper, under the record we do not deem it such a comment as was reasonbly calculated to prejudice the rights of appellant.",Analysis
We overrule appellant's remaining contention that the evidence is insufficient to show that the offense was committed within the period of limitation.,Conclusion
"In the conversation, Mrs. Wilhite informed appellant that she did not want to have anything more to do with him and for him not to call her anymore.",Facts
"This court has entertained appeals in cases of this kind since the enactment of the original Adult Probation Law, first known and designated as Article 781b and now known as Article 781d, V.A.C.C.P.",Rule/Law/Holding
"While standing close to the back of her car with John Farris, the deceased, Mrs. Jackson ""heard something go like a firecracker"" and saw the deceased",Facts
“Defendant duly sentenced.,Conclusion
"The four then went to the car and began to push, Matthews on the left at the open car door, appellant on the opposite side and his companions in the rear-Appellant and his companions were talking in Spanish, which Matthews did not understand.",Facts
Appellant filed no objections to the court's charge but on appeal urges as fundamental error the court's failure to limit the jury's consideration of such testimony in the charge.,Facts
We find that the trial court did not abuse his discretion in concluding that the jury could not agree upon a verdict and in discharging them and declaring a mistrial.,Conclusion
"There was evidence sufficient to establish that the 1951 Ford belonged to appellant, but no witness testified that he was driving or was in control of said 1951 Ford when it struck and injured the boys.",Facts
"The indictment is fundamentally defective in that nowhere therein is there a description of the property taken other than ""corporeal personal property.""",Facts
Appellant testified and denied any connection with the robbery.,Facts
"The evidence shows that Mrs. Ruth Storey left her home on Sunday morning with the doors and windows closed; that when she returned from church the house was as she described it ""in a complete turmoil, drawers had been pulled out and drawers opened and some things had been pulled out of a kitchen cabinet.""",Facts
We find no merit in appellant's contention that the court erred in permitting the State to introduce in evidence a photograph of a Harger Drunkometer Machine over the objection that it was not shown to be a true picture of the machine used at the time appellant was given the breath test.,Conclusion
"But, a search of the record fails to reveal anything authorizing a review of such contentions.",Analysis
"The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $100.",Facts
"The conviction is for unlawful possession of barbiturates; the punishment, two years in jail and a fine of $1,000.",Facts
"John Kilgore, 16 years of age, testified that on the date in question he was working alone in the L. & J. Grocery; that appellant and another individual entered the store and asked for change for a dollar bill in order to make a telephone call; that they made the call from a pay phone in the store and departed; that appellant soon returned alone and asked to see the watches that were in a glass case on the counter; that while he was producing the watches appellant announced that it was a holdup and demanded all the money in the cash register; that appellant kept one hand thrust in his pocket; that he was in fear at the time he gave appellant some $70.00 from the cash register; that appellant forced him to lie down on the floor, face down; and that appellant stepped over him to get the watches and other merchandise.",Facts
"It is next contended that the court erred in permitting the state to bring out and prove on cross-examination of appellant the details of two prior offenses committed by him, by showing that in connection with a narcotics conviction in federal court in 1953, he received punishment of a $100 fine and in the 1959 narcotics conviction in state court alleged for enhancement, he received the minimum punishment of two years, of which he was required to serve only fourteen months.",Issue
"In the absence of an objection that appellant was under arrest at the time, and in view of the similar testimony of Officer Hudson during cross-examination that Mrs. Peveto said appellant hit her and appellant said she hit him, which was admitted without objection, no error is shown.",Analysis
"Be that as it may, while Montello may be regarded as authority for the proposition that it is knowledge that we have in Texas a board of pardons and paroles and that, together with the Governor, they exercise the power vested in them to grant clemency in the matter of pardons and paroles and commutation of punishment, such ""common knowledge"" must be correct as a matter of law in order to be properly employed by a jury in reaching a verdict.",Analysis
"So construing Art. 1404b P.C. before and after its amendment in 1955, we overrule appellant's contention that the statute is void.",Conclusion
"By failing to incorporate such a showing in the bill, any error is said to be waived.",Analysis
"He stated that he had just come from his place of business which he had been watching because it had been burglarized eleven times in the past four years, and that he intended to use the guns for protection if he caught a burglar in his place.",Facts
"The jury heard all the testimony and have assumed responsibility for a death penalty.""",Conclusion
"The statement of facts prepared and certified by the trial judge shows that appellant and his wife lived near a hotel they owned, of which one Jerry Thompson was manager.",Facts
"Were you convicted in Cause No. 2268 on June 23rd of 1959, of being then and there a common prostitute for the offense of vagrancy?""",Issue
"1957 in Harris County, Texas, been duly and legally convicted on 5 cases, and his punishment therefor having been assessed and adjudged at confinement in the penitentiary for 8 years, and he having on the 26th day of February, 1957, by said court, been sentenced in due form of law in accordance with said convictions, it is further considered, ordered and adjudged that the punishment herein adjudged against the said defendant John Leonard Lee, shall begin when the said judgments and sentences on the preceding convictions shall have ceased to operate.”",Facts
"Thereupon, appellant moved for a mistrial which was by the court denied.",Facts
Such is not the situation in the instant case where the search was with appellant's consent.,Analysis
"The final judgment entered June 17, 1960, reads in part as follows:",Facts
At such time the company was having difficulty in fulfilling the contracts and the price of mohair was higher than in the fall of 1959.,Facts
"They came to the house, and, after talking to the women, left with the letter.",Facts
"In submitting the issue of appellant's guilt to the jury, the court charged the jury on the appellant's right of self defense against real or apparent danger of death or serious bodily injury from an unlawful attack by the deceased.",Facts
"The remaining ground for reversal is predicated upon the fact that the court in his charge treated the prosecution as being for possession of liquor, whereas the information alleged the possession of an alcoholic beverage, to-wit, whisky, vodka and beer.",Issue
"Appellant told her to get in the car and they would take her to the place where he was supposed to be, drunk.",Facts
The record contains no formal bills of exception nor objections to the court's charge.,Facts
I am unable to agree that the affidavits of the relator and,Others
Whether the victim of the assault was a pedestrian or an occupant of a vehicle would not alter the rule that evidence as to the nature and extent of the injuries inflicted on the assaulted person is admissible regardless of the nature of the charge of aggravated assault contained in the indictment.,Analysis
"Coplin testified that he had the care, control, and management of the potatoes since his acceptance of them, and that he did not give anyone his consent to take the 22 sacks of potatoes.",Facts
"There was no error in permitting the witness Coffman to testify that after the day charged in the indictment he had a conversation with appellant in which appellant asked him to go talk to Hartwell and offer him a thousand dollars ""if he wouldn't push the case or if he would drop it"".",Facts
"""Asking harmless leading questions is not commended; yet, we note that the courts seldom reverse a case because questions are leading.""",Analysis
I would affirm the conviction.,Conclusion
The complaint and information were filed in June 1957.,Facts
"Dr. Cosby testified that he treated appellant at the hospital, and Patrolman Johnson testified that he received permission at the hospital to bring appellant to jail.",Facts
"508, 243 S.W. 2d 846, a death penalty conviction, we held no reversible error was reflected by argument not objected to where no mandatory provision of the statutes are violated and no new and harmful fact is injected into the case.",Rule/Law/Holding
"The offense is the possession of amphetamine, committed subsequent to a final conviction for unlawful possession of barbiturates ; the punishment, 2 years in the penitentiary.",Facts
There was no error in admitting the testimony.,Conclusion
"Please be careful though as we have ""˜spying' neighbors.",Others
"When he arrived, one of appellant's companions told him that he needed a couple of tires because ""he had a cattle truck up above Clint with some blown out tires"" and ""he couldn't find tires anywhere else and that the cattle had been sitting there for quite a few hours; they hadn't been fed or watered, or anything, and that they had to get them going.""",Facts
But I also have another request that I wish you would grant.,Others
"The witness expressed the opinion that from what appellant said, his conduct, and the “way he smelled” appellant was “drunk.”",Facts
Appellant presents six formal bills of exception complaining of the closing argument of the County Attorney to the jury.,Facts
The check payable to and endorsed by appellant was introduced in evidence.,Facts
"Appellant was convicted of the misdemeanor offense of wilfully deserting, neglecting, or refusing to provide for the support and maintenance of his children under eighteen years of age, in violation of Art. 602, V.A.P.C., as amended by Senate Bill 47, Chap.",Facts
I think the State has a right to explain what the injuries were.,Analysis
We have consistently held that such conduct constitutes reversible error.,Rule/Law/Holding
"were not complied with, and the attorney for the state did not sign and file consent and approval to the waiver of a jury.",Facts
"The public interests being an ""...increased awareness of the content or message contained in signs used by island businesses for advertising purposes by the English and Chamorro speaking population for the purpose of greater patronizing of such places of business, and the strengthening of the island economy by capturing the attention of English speaking tourists and the predominantly English and Chamorro consumer on Guam.""",Facts
"The record has now been perfected, and the case is now properly before this Court for consideration.",Analysis
The sole question presented for review is the sufficiency of the evidence to support the conviction.,Issue
"The term “delinquency” is defined as meaning any act which tends to debase the morals, health, or welfare of such child and includes, among other acts, “drinking intoxicating liquor” or “going into a place where intoxicating liquors * * * are kept, drunk, used or sold.”",Rule/Law/Holding
"In his own behalf, the appellant testified that he used a credit card to rent the car from Hertz in El Paso on Thursday, January 14 to be returned according to the written rental agreement on January 16, and told the attendant he was going to Fort Worth where he lived and would need it for the week end and asked about week end rates, but was told that since it was Thursday the week end rates were not then effective and he went ahead and rented it; that he arrived in Fort Worth on January 16 and kept the car without notifying anyone.",Facts
"We overrule appellant’s remaining contention, presented by Informal Bill of Exception No. VI, that the court erred in permitting the State to inquire of appellant’s character witnesses if they had heard of certain acts of misconduct on the part of appellant.",Conclusion
The same suit that he is wearing now,Facts
There was but one occupant of the speeding car.,Facts
The proof which appellant relies upon to comply with this provision of the statute is his application for suspended sentence already before the jury as a pleading.,Facts
Appellant called several employees of the brewery who observed him at work on the night in question and who expressed their opinion that at such time he was sober.,Facts
Proof was offered that Hale County was a dry area; and also of the prior conviction alleged and that the appellant was the same person so convicted.,Facts
"In his motion for rehearing appellant insists that his Bill of Exception No. 2, which we did not discuss in our original opinion, presents reversible error because it certifies that he was denied the right to present to the jury evidence in support of his plea of former jeopardy.",Issue
He was uncooperative.,Facts
"The state’s other witness, Patrolman Clark, testified to substantially the same facts and expressed the same opinion as the first witness, Vinyard.",Facts
"The restaurant contains 6,000 square feet, with double doors opening into a passageway which leads to the lobby of the Union Station and another door facing on the railroad tracks, and food is served from 6 A.M. to 10 P.M. daily.",Facts
The indictment charged that appellant committed oral sodomy upon the prosecuting witness.,Facts
The Court received testimony and oral arguments from both parties.,Facts
"From the entries he made in said record, Dr. Gibbons testified that he drew blood from Jesse E. Ray on May 9, 1959, with his permission; that boric acid was used to clean the arm rather than alcohol, and that he signed the record.",Facts
There has been transmitted to this Court a separate statement of facts which purports to contain a portion of the argument of the prosecutor.,Facts
The duration or length of time the capsules were under appellant's control would not determine the question of her possession of the same.,Analysis
The allegation in the information was that the sale was made in Justice of the Peace Precinct Number One.,Facts
"Appellant, by some of the bills, questions the legality of the search of the pickup by the officers without a search warrant.",Issue
A witness was called by appellant who testified that he had seen the appellant a short time prior to the collision and that at such time he was not intoxicated.,Facts
"In affirming the conviction in the Hancock case and overruling the similar contentions, we held evidence that the accused shot across a fence and killed a deer in another's enclosed pasture constituted an entry upon the land of another and hunting with firearms, as prohibited by Sec.",Rule/Law/Holding
At issue is the regulation of speech.,Issue
"The conviction is for felony theft by bailee; the punishment, two years.",Facts
"State, 253 S.W. 2d 1006, it was held that a prior conviction must be ""successfully"" used before it can no longer be used for enhancement.",Rule/Law/Holding
An old shot gun containing a cartridge which had been snapped was standing against a tree in the yard and inside the house was a .22 rifle by the door.,Facts
"The accomplice testified that he, the appellant and another person entered a liquor store with the plan ""to tap the till"" after diverting the attention of the operator.",Facts
The act of the appellant in having the boys disrobe and taking pictures of them in a sexually excited physical condition as shown by the pictures was relevant as bearing on the lascivious intent of the appellant.,Analysis
"The witness testified that the wound penetrated the aorta, and that it was a wound such as could have been caused by the knife introduced in evidence.",Facts
"Where there are two or more district courts having concurrent jurisdiction and statutory authority to transfer cases from one to the other, the omission of such order of transfer in the record cannot be complained of by the appellant in the absence of a timely plea to the jurisdiction on that ground.",Rule/Law/Holding
"The information alleged that the appellant did contribute to the delinquency of the minor, a male- child under the age of seventeen years:",Facts
"Tommy Box, a 13 year old boy, and his father, Brady Box, were employees at the Luce Oil Company Service Station at the intersection of Little York and Aldine-Westfield Road.",Facts
He denied that he touched Pelton or that his penis had been erect.,Facts
"She says only that she had heard appellant's voice since the robbery, and it sounded like the voice of the man who told her husband to get in the vault.",Facts
Appellant testified that he took no part in the robbery; did not know Robert Lopez until he saw the officers take two pistols from him and find a sack of money.,Facts
"Appellant, testifying in his own behalf, admitted making thé statement but said it was not true and that he had never had sexual relations with his daughter.",Facts
Is it your testimony that this carton was found where the wine was?,Others
"Formal Bill of Exception No. 3 recites that appellant followed the same procedure in regard to a written statement made by the State's fourth witness, Mercedes Singleton.",Facts
"The motion of defendants to vacate and set aside the Attachment issued by this Court, came on regularly for hearing the 28th day of July, 1972, David M. Shapiro, Esq., appearing for the plaintiff and Joaquin C. Arriola appearing for the defendants, and the Court, having heard the argument and statements of counsel, finds the facts as follows:",Facts
"He cites numerous authorities, none of which are in point.",Facts
The prosecution arose in the corporation court where appellant was found guilty and assessed a $200 fine.,Facts
The judgment is reversed and the the cause remanded.,Conclusion
This court granted leave to file the original application.,Facts
No motions for continuance or postponement were filed.,Facts
"Approximately fifteen minutes.""",Facts
We fail to find reversible error reflected by the court's refusal to grant a mistrial.,Conclusion
Appellant made no objection to the instruction given by the court.,Facts
"Finding the evidence sufficient to support the conviction and no reversible error appearing, the judgment of the trial court is affirmed.",Conclusion
The bills were approved with the qualification that there were four people with the defendant at the time of his arrest and there were four witnesses sworn for the defendant in the presence of the jury at the trial and available to defendant.,Facts
"In his argument to the jury, appellant’s counsel urged them to acquit appellant because if they convicted him it would mean that he had to go to jail and that such fact would ruin his life.",Facts
The general trend of authority is against an interpretation of repeal by implication.,Analysis
"Where appellant fails to apply for subpoenas for witnesses, the overruling of the motion for continuance to secure attendance of witnesses is not error.",Analysis
The complaint and information alleged that the check was given to Sue Simpsoro.,Facts
He denied that they threw the pistols out of his car or that he ever owned either of them.,Facts
But you said you didn't see those bruises that are there in that picture ?,Facts
"The report showed to have been signed by Police Officer Morris who, according to the report, was present when the blood was extracted by Dr. Gibbons in the Emergency Room.",Facts
We find the allegations of the indictment sufficient to charge an offense under the statute.,Conclusion
On a former appeal of this case it was affirmed as shown by the opinion reported in Tex. Cr.,Facts
"The statement made by the deceased was not shown to have been made in presence of the appellants, was clearly hearsay, and the court did not err in sustaining the State's objection thereto.",Analysis
Neither of the weapons appeared to have been recently fired.,Facts
The officer asked him if he was having trouble and he said his car would not start.,Facts
"City Marshal Cox of Pinehurst, who investigated the accident, testified that he smelled intoxicants on appellant's breath and observed him walk: ""I didn't know when I first saw him whether he might have been intoxicated or injured""; that he asked appellant if he was injured and he said he wasn't; that he had observed people under the influence of intoxicating liquor on many occasions and from his observation of appellant on the occasion in question: ""Well, I certainly thought he was intoxicated or I wouldn't have charged him with D.W.I.""",Facts
Appellant did not testify or offer evidence in his behalf.,Facts
The court found appellant guilty and punishment was assessed at confinement in the county jail for a period of six months.,Conclusion
The caption made no mention whatsoever of any penalty to be included in the amending article.,Facts
We will discuss the contentions advanced by appellant in his brief.,Others
"We think it incumbent upon us to accord verity to the two affidavits, in the absence of any showing of facts in the judgment of the trial court.",Analysis
The state’s proof shows that the prosecutrix lived at a certain address in the city of Abilene with her husband and nine 'months old son.,Facts
"There was bound to be, while it was never brought out it was not permissible ""” any previous offense of a person ""” there was naturally a certain amount of supposition there, and you yourself (appellant's counsel) kept bringing out in the trial that it was very important that he not be found guilty because there would be the possibility that he would lose his driver's license.",Facts
This is an appeal from the county court where appellant was assessed a punishment of six months' confinement in jail and a fine of $500.00 for transporting an alcoholic beverage in a dry area.,Facts
"Furthermore, appellant admitted possession of the wine, by his own testimony.",Facts
"The markings and tracks on the road showed that appellant’s car had left the hard-surface portion of the road at about the crest of the hill and off to the east shoulder of the road, before the contact, and there were tracks leading back toward the highway from appellant’s car.",Facts
"Appellant, testifying in his own behalf, stated that he had left his home in Houston to go on a date, that he returned home after midnight and was drinking",Facts
That thing down there between your legs?,Others
"This is a conviction for unlawfully passing a worthless check, a misdemeanor with punishment assessed at 10 days in jail and a fine of $25.",Facts
Appellant did not testify.,Facts
"Gee testified that thereafter on April 6, 1960, he delivered twelve bags of grown mohair to the L. Schwartz Company warehouse and received a warehouse receipt for 3693 pounds.",Facts
"This is a matter brought before the District Court pursuant to §1084 to §1097 of the Guam Code of Civil Procedure, dealing with Writs of Prohibition.",Facts
"Murder with malice is the offense, with punishment assessed at life imprisonment in the penitentiary.",Facts
"Appellant, testifying in his own behalf, stated that he shot Garza because he had a knife in his hand ""and I thought he was going to cut me"" and because he believed his life and that of his brother were in danger.",Facts
They were not served because there were members of the colored race among them.,Facts
"At the outset, we observe that there were at least three material variances between the indictment and the purportedly forged instrument which was introduced in evidence.",Facts
"Accident investigator Allison testified that when he arrived at the scene appellant was being loaded into an ambulance, that he later went to the hospital where he talked to appellant who was lying on a stretcher in the hall, that appellant admitted he had been the driver of the automobile involved in the collision and consented in writing to the taking of a blood test.",Facts
"It is first contended that the allegation in the indictment that appellant did unlawfully possess ""a narcotic drug, to-wit: dolophine"" did not charge an offense, because, first, dolophine is not one of the narcotic drugs named in the act, and second, not being named in the act, such allegation was insufficient to give notice of the offense with which he was charged.",Issue
This court held that the statements made in the jury room were not untrue and that appellant was not harmed thereby.,Analysis
Appellant did not testify in his own behalf and offered only the evidence that he had been incarcerated since his arrest.,Facts
"The appellant insists that the trial court erred in refusing to charge the jury on the law of justifiable homicide to prevent robbery, self-defense, and defense of another.",Issue
"While the Diner's Club card may have been a guarantee to Hertz Rent-A-Car, when the Diner's Club paid Hertz the full rental for the use of the car during the entire period of time from January 14,1960 (the day it was rented), until January 24; 1960 (the day it was recovered), the rental contract was fulfilled.",Facts
The evidence offered showed that his original appeal in 1976 was not perfected as a result of a clerical error by the staff of the Court.,Facts
"A hearing having been held on 30 April and May 1, 1980 on the petitions that the minor be certified for prosecution as an adult person, and the Court having heard testimony of the witnesses and examined the exhibits admitted in evidence, and the Court having filed its decision:",Facts
"Appellant was convicted in the county court of Smith County of the offense of transporting an alcoholic beverage, to-wit, wine, in a dry area.",Facts
"The Territory's arguments to the contrary, the Court could vacate and resentence defendant under its broad powers pursuant to §1.07(c) of the Criminal Procedure Code.",Rule/Law/Holding
Appellant's automobile was apparently disabled.,Facts
"Except for the opening sentence, the charge on circumstantial evidence is identical with that found in 1 Branch 2d 395, Sec.",Analysis
"Shortly thereafter, the Hatchers saw someone drive away in their 1958 Ford automobile which had been parked about thirty feet from their residence.",Facts
The prognosis and the doctor's opinion as to disability and the testimony as to shortening of the leg and a limp border closely on being a part of pain and suffering.,Analysis
"Upon inquiry by Kitchen as to what he meant, appellant replied ""Well, he's shooting at me.""",Facts
"While they were in a clinch on the outside, Robert had some money in his hand and the deceased was saying, ""Pay me my money.""",Facts
Appellant predicates his appeal upon certain informal bills of exception appearing in the statement of facts.,Facts
The State's evidence shows that appellant was manager of an apartment and rooming house in the city of Dallas.,Facts
"Lyles made a statement and showed the officers where the property introduced in evidence and identified as that taken from the Wilcox Drug Store, and some tools, were hidden in the weeds on Brian Bayou Road.",Facts
The evidence adduced upon the issue of appellant's guilt of the primary offense is substantially the same as was introduced in the companion case of Blaylock v.,Rule/Law/Holding
He stated that the officers had not accurately transcribed what he had told them and that he signed the confession without reading it.,Facts
"The injured party Garza testified that, while he was standing at the bar in the Copa Caban on the night in question engaged in conversation with another patron, appellant, who was seated at one of the tables, without any warning or provocation, shot him with a pistol.",Facts
There are no formal or informal bills of exception.,Facts
"""Question: State whether or not anything was stated about this being the third or second offense of Mr. Fain.",Others
The jury chose to accept Butler's testimony and the evidence is sufficient to sustain the verdict.,Conclusion
"Trial was had before the court without the aid of a jury, upon a plea of not guilty.",Facts
"Internal revenue agent Daniels saw Vylie Reed and Gladys Gunishaw in a pickup truck, noticed a ""still pot"" in the back, and followed them until they turned in at appellant's place.",Facts
"On October 17, the appellant filed a motion for severance.",Facts
This appeal results from the trial court's order compelling settlement of a land sales contract.,Facts
"The photograph showing both the check and the person presenting it, and the $35 check itself were introduced in evidence.",Facts
His punishment was assessed at a fine of $100 and confinement in jail for thirty days.,Facts
"No brief has been filed in appellant's behalf, and there are no formal bills of exception.",Facts
He next contends that the court erred in failing to grant his motion for new trial based upon newly discovered evidence.,Issue
"The state's evidence further shows that, in response to a call, Officers Gilbert and Wallace went to the liquor store shortly after 11 p.m. When they arrived they saw the appellant and two other men down the street some two-thirds of á block from the store.",Facts
"This is an appeal by Toby Goldsmith and Phil Becker, sureties on the bail bond of Willie Mack Daniels, from the judgment final of Criminal District Court No. 2 of Tarrant County upon a forfeiture of said bail bond.",Facts
"By motion to quash, appellants challenged the sufficiency of the judgment nisi to support the final judgment forfeiting the bond, for the reason that it fails to conform to Art. 425, V.A.C.C.P.",Issue
Filer: No further questions.,Others
"She testified that the appellant was standing near the cash register when she went to the back of the store to get some merchandise for a customer, and when she returned the appellant and his companions were gone; that when she started to make change in the sale, she discovered that the money had been taken from the cash register.",Facts
The judgment of the trial court is affirmed.,Conclusion
We have stated the facts more fully than usual in order to demonstrate that penetration was proven by direct evidence and that the requested charge was not required under the facts.,Analysis
"The court instructed the jury that a public highway, as used in the court’s charge, “means a highway that was open on the date in question for use and traveled by the public.”",Facts
The number of such license corresponds with the number of the license which the arresting officer found on appellant's person.,Facts
"There are no formal bills of exception in the record, and the record contains no objections to the court's charge and no specially requested charges of the appellant, other than has already been mentioned in the preceding paragraph.",Facts
No error is shown in the admission of the evidence obtained as a result of the search of the apartment.,Analysis
The court instructed the jury not to consider the remark of State's counsel and denied the motion for mistrial.,Facts
"Appellant's written confession was'introduced in evidence by the state in which he stated that he first met the prosecuting witness in December 1957 and that, in February or March 1958, he began having him come to his farm in Seagoville for week end visits.",Facts
"and said he wanted to make a telephone call; that he made advances toward her and she scratched his face and screamed until he prevented her from doing so by putting his hand over her mouth; that after she fell or was pushed onto the floor of her bedroom, appellant attempted to have sexual relations with her, and did soon thereafter accomplish his purpose on the bed.",Facts
"State's Exhibit No. 2 was the body of Farris fully covered by a sheet, and State's Exhibit No. 8 shows the deceased fully clothed and was taken at such an angle that only the lower extremities of his body are shown.",Facts
"The supplemental transcript contains several formal bills of exception, filed with the clerk of the trial court, all of which were returned with the refusal of the trial judge noted thereon within the time allowed by Art. 760d V.A.C.C-P. Appellant did not agree with the reasons assigned by the trial judge and note such fact on the bills, and no bystanders bills were filed, hence the refused bills present nothing for review.",Facts
We are unable to agree that because the rifle was not found until the day following appellant's statement to the witness as to where it was located and after appellant had accompanied the officers to the,Analysis
"The term ""offer"" has been defined as meaning ""a proposal to do a thing"" * * * to ""make a proposal to.""",Rule/Law/Holding
"Appellant was convicted in the county court of Van Zandt Countjr for driving a motor vehicle on a public road, while intoxicated.",Facts
"She was told that her boy friend, Nick, was out in the car, too drunk to come in but that he was calling her.",Facts
"On cross-examination he testified that the figure almost uniformly employed, above which prosecution occurs, and below which it may or may not occur, is .150.",Facts
The judgment is affirmed.,Conclusion
"The convictions are for rape; the punishment, five years in each case.",Facts
Jerry stated that he removed none of his clothes but opened the fly of his trousers prior to his act of intercourse.,Facts
He first contends that the court erred in limiting him in his redirect examination of Mrs. Terry.,Issue
"Remaining convinced that we properly disposed of this cause originally, appellant's motion for rehearing is overruled.",Conclusion
Such testimony was sufficient to show that the automobile was of the value of $50 and over as found by the jury in their verdict.,Analysis
"We have, however, reviewed the bill and find that the first portion is a logical deduction from the record which is properly before us and the second is a legitimate plea for proper punishment and law enforcement in the community.",Analysis
"Appellant contends that his constitutional right against incriminating himself was violated by forcing him to give evidence against himself, when the trial court, over his objection, permitted the witness Jobe to testify that he saw and identified the appellant in a ""line up"" the day after the robbery.",Issue
The judgment affirmatively recites that when the appellant entered his plea of guilty he was admonished by the court of the consequences of said plea.,Facts
The motion and amended motion for new trial are silent as to any error in the argument or in the overruling of the motion for mistrial.,Facts
Such requisition is sufficient to authorize the issuance of the executive warrant by the governor of this state.,Analysis
The sole question presented and urged upon the appeal is the contention that appellant's plea of former jeopardy should have been sustained.,Issue
The transcript was filed in this court a year later.,Facts
We shall not separately discuss the remaining bills of exception.,Others
"It would do violence to the intent of the legislature and to the holdings mentioned to hold that the pleading of the defendant would suffice as proof that he had never been convicted of a felony, thereby relieving him of the necessity of testifying as a witness or of offering the evidence of other witnesses who could be cross-examined.",Analysis
The able trial judge fell into error in denying appellant bail.,Facts
"With appellant's contention, we do not agree.",Conclusion
"""The Court: What is the next question?",Others
"By this unsworn statement, the prosecutor got before the jury evidence which was outside the record and extremely harmful to accused.",Analysis
"In the Hancock case we held that parol evidence of prior possession by the person alleged to be in the actual care, control, and management of the land was sufficient to prove his ownership and right to possession in trespass-to-try-title, as provided in Sec.",Rule/Law/Holding
"First, we agree with the defendants-appellants that the court committed error when it held that upon sale of the property in question the plaintiffs only had to pay Ten Thousand Dollars and then pay the remaining Ten Thousand Dollars in two yearly installments of Five Thousand Dollars.",Analysis
Motorcycle patrolmen Debenport and Little of the Dallas police testified that they observed an automobile commit a traffic violation at approximately 9:00 P.M. on the night in question and that they gave chase but were unable to bring the automobile to a halt until after it had reached Lamar Street.,Facts
The minimum puuishment was assessed by the jury.,Facts
Appellant's complaint is that the statute both before and after its amendment did not require that the entry be made without the consent of the person in charge of such vehicle.,Issue
"He kept saying ""Leave ""˜me alone.' """,Facts
"Their denial of suppression is also supported by the affidavit of Honorable Arthur Gallucei, the attorney who represented relator upon the trial.",Facts
"Appellant took the witness stand and testified substantially to the same facts contained in the statement, and he cannot now claim to have been injured by the introduction of the statement in evidence.",Analysis
What was his manner of walk at this time?,Others
"One circumstance was that tracks impressed on the floor of the burglarized premises were, in size and description, such as would be made by a pair of shoes which appellant said he owned and which were introduced in evidence.",Facts
"On August 22, 1960, affidavit was made by the commissioner of public welfare of the State of Louisiana in lieu of warrant as prescribed by law, stating that appellant had violated the conditions of his probation and commanding that he be arrested and held as a fugitive from the state, pending extradition and return to the jurisdiction.",Facts
"Osborn testified that, on the date alleged, when he returned home with his family from a Colorado vacation and drove into the driveway, he saw appellant's automobile backed up to the garage with the trunk lid open and appellant standing inside the garage; that when appellant saw him he ducked through a door into the back yard; that he proceeded to appellant's automobile and observed three guns in the open trunk, being two rifles and a shot gun, which he identified as his guns that he had left locked in a gun case in his home.",Facts
"The Court believes that a law requiring any permitted sign, no matter how big or small, on any land, be it public or private, in any language other than Chamorro or English to have a translation into either which ""must predominate the sign"", [has] a chilling effect on such a protected mode of expression.",Analysis
Andrus described the shooting in substantially the same manner as Mrs. Jackson.,Facts
"He entered into such appearance bond with Toby Goldsmith and Phil Becker as sureties, conditioned that Daniels make his personal appearance instanter before Criminal District Court of",Facts
"The indictment is in the ordinary form for charging felony theft, and alleged that the automobile was taken without the owner’s consent.",Facts
"This apparently took only a short period of time, and Doris Green went back into the lounge just before it closed.",Facts
"Thirty-five bottles of Falstaff beer, containing thirty-two ounces each, were introduced by the state.",Facts
The following facts are undisputed:,Others
"Testifying in his own behalf, the appellant denied that he was intoxicated and stated that his physical appearance was due to his diabetic condition.",Facts
"While this is a case of first impression, we think that Article 815, V.A.C.C.P., allowing appellants to enter into recognizance and to remain on bail, pending appeal, when the punishment assessed does not exceed fifteen years, here controls.",Rule/Law/Holding
Neither did the sureties bring themselves within any of the statutory provisions which would exonerate them or under which a forfeiture could be remitted.,Analysis
"The evidence shows that the appellant presented to Hertz a valid credit card when he obtained the car which guaranteed payment up to $500, and that all rental and other charges from January 14, including January 24, were paid to Hertz by the guarantor.",Facts
We do not think that these cases have the same fact situations as reflected by the evidence in the instant,Analysis
The statement in part reads:,Others
"The patrolman further stated that J. W. Nowlin was an occupant of the automobile and after hearing Nowlin's story, he took appellant into custody.",Facts
There is evidence that,Others
"The suspended sentence statute, Art. 776, C.C.P., provides, in part, that in no case shall sentence be suspended except when the proof shall show that the defendant has never before been convicted of a felony in this state or in any other state.",Rule/Law/Holding
"Relator Jack Mackin, upon being adjudged guilty of contempt of court by the Honorable James K. Evetts, Judge of the 27th Judicial District Court of Bell County, was committed to the custody of the sheriff of said county.",Facts
"Tafolla testified that at the time in question he was working as a special employee of the Federal Narcotics Bureau as well as the San Antonio police; that Frost, Ortiz and Bland came to his house, searched him, gave him ten dollars, and proceeded to a certain point in the city, parked the government automobile and Bland got out and walked in the direction of the Soto cafe.",Facts
In absence of all the facts adduced at the hearing which resulted in the revocation of appellant's probation we are in no position to pass upon the question.,Analysis
"If there was, the question was asked and answered before any objection was made and there was no request that the evidence be withdrawn.",Facts
"The motion for new trial alleged that one of the jurors, during the trial, conversed with the 14 year old son of the assistant county attorney who conducted the prosecution.",Facts
"In the absence of a bond or recognizance on appeal, or a showing that appellant is in jail, we are without jurisdiction of this misdemeanor appeal.",Rule/Law/Holding
"Following her reply, appellant's counsel said that it was not responsive and moved for a mistrial, which was overruled.",Facts
There was a conflict of testimony beteween that of the appellant and other witnesses as to where the deceased was standing when he was shot and where he fell.,Facts
"The jury resolved the issue against appellant, and the evidence is sufficient to sustain the verdict.",Conclusion
Appellant did not testify or offer any evidence.,Facts
Appellant’s confession was introduced into evidence by the state which recites that on the date in question he drove his car to the home of Alfred and Ramon Gonzales; that Alfred asked him to take them to a filling station and he replied that he,Facts
"On January 24, he said his sister informed him by telephone that Hertz wanted the car returned and he was going that day to the Hertz agency in Fort Worth to arrange for the further use of the car until he found employment.",Facts
"Immediately upon getting out of the room the prosecutrix went to a neighbor's home and calling her, said: ""Lois, Lois, let me in quick.",Facts
The motion to dismiss causes of action four and five is DENIED.,Conclusion
"When she started to place the merchandise in a sack, the appellant pointed a pistol toward her, saying for her to put all the money in the sack instead of the merchandise.",Facts
"Appellant further testified that after striking her with the bottle he took his wife to the bathroom and washed her hair out, that she showed no anger about his hitting her with the bottle.",Facts
"Bill 3 complains that the court overruled his objection and motion to have the jury instructed not to consider the witness' answer: ""How do I know it?",Facts
Appellant's punishment was enhanced under Art. 63 P.C. by two prior convictions for felonies less than capital.,Facts
"The prosecuting witness, an eleven year old boy, testified that on April 20,1959, he along with his younger brother and another boy, at appellant’s request went to appellant’s apartment and that while there, appellant fondled his sexual parts, committed an act of oral sodomy upon him, and had him commit such act upon him (appellant); that the appellant had him and his brother commit acts of rectal sodomy on each other; and that the appellant inserted a plastic tube in his (witness’) rectum.",Facts
"Officers took some beer which one Haller Burton Miller, who performed odd jobs around the hotel, was putting in a ""coke machine.""",Facts
"The conviction is for statutory rape; the punishment, life.",Facts
"In keeping with the rule followed by this court in cases of this character, we refrain from a further discussion or comment upon the evidence but express the conclusion that the trial judge did not abuse his discretion in denying bail.",Conclusion
"""Mr. Haut [counsel for plaintiffs]: In exchange on the part of the Defendants, the Plaintiffs will execute two (2) promissory notes.",Facts
When no one came out to wait on him he entered the service station and found,Facts
I saw the one on her shoulder and the one on her cheek.,Facts
He denied that he was speeding; that he did not know why the officer stopped him.,Facts
"Remaining convinced that we properly disposed of this cause originally, appellant’s motion for rehearing is overruled.",Conclusion
The appellant did not testify or offer any testimony in his behalf.,Facts
"The sole questions presented on appeal are the refusal of the court to permit appellant to testify that upon being employed by the detective agency the assistant supervisor told him he could carry firearms in ""the line of work"" and the refusal of the court to instruct the jury that if appellant believed he had a right to carry the pistol to acquit.",Issue
"The State offered into evidence, without objection, appellant's confession to the offense.",Facts
"R. A. Joslin, a wrecker driver, testified that he was called to the scene of the accident on the night in question, that he observed appellant staggering when she walked and saw two officers holding her up, that her manner of speech indicated she was intoxicated, and that in his opinion she was intoxicated.",Facts
The facts stated are sufficient to show probable cause for the search of the automobile.,Analysis
Reliance is had upon Musick v.,Rule/Law/Holding
"As soon as such fact was brought home to the trial court, he withdrew such testimony from the jury's consideration.",Facts
There is no statement of facts on the merits in the record.,Facts
He admitted signing the statement introduced in evidence but said he signed it because his daughter (the prosecutrix) had been arrested and he was of the impression she was in serious danger; and that the sheriff told him it would be lighter on him if he would sign it.,Facts
"Trial de novo in the County Court resulted in a conviction with punishment assessed at a fine of $10, from which no appeal lies.",Facts
The sole contention urged for reversal is that the state failed to prove penetration.,Issue
"The doctor testified that had appellant kept his appointment, then he would have had time to evaluate, examine and come forward with a conclusion as to appellant's present condition.",Facts
"At such time, a companion by the name of James Carr was riding with appellant.",Facts
In admitting the evidence the court did not err.,Facts
"We need not pass upon the constitutionality of this portion of the statute, as appellant's conviction does not rest upon the provisions under attack but upon other portions of the act defining a narcotic drug.",Analysis
"Observing that the pickup was weaving on the road and being driven close to the center line, he turned his vehicle at a ""Y"" and proceeded to follow and stop the appellant just outside the city limits.",Facts
"The witness then testified that after she had been undressed from the waist down Ramerez first had intercourse with her and then the appellant had intercourse with her, as did, subsequently, the other boys.",Facts
The doctor was not present when the blood was drawn and testified that all he knew about the blood was what he had been told.,Facts
We shall discuss the facts more fully in connection with the contentions advanced by counsel by brief and in argument.,Others
"The victim of the murder, Ruby Bickmore, and her common-law husband, Earl Sheldon Bickmore, were guests of the Cypress Hotel.",Facts
Appellant testified as a witness in his own behalf.,Facts
"""She realized that I was only trying to do what was right for her and keep her from getting drunk again.",Facts
"On Friday, April 22, when one of their cows was bawling and walking along the fence, they investigated and found that a small white-faced calf with a swallow fork mark in each ear, belonging to them, was missing, and that an examination of the fences failed to show where it could have gotten out.",Facts
She further related that she had on a pair of red shorts and a white blouse with rick-rack on it and a bow.,Facts
"The proof shows that on the day Gee delivered the mohair to the warehouse the entire 3693 pounds was delivered, along with other mohair, by L. Schwartz Company to Clyde Young of Lampasas in satisfaction of five separate written contracts whereby the company had contracted to deliver 160,000 of mohair to Young in the spring of 1960 at prices ranging from 86%c to 91%c per pound for the adult mohair.",Facts
"A doctor did testify in Thurman's case that he treated him at a hospital for his injuries and that he was with him about an hour and a half, during which time appellant was unconscious, and did nothing; that he found a bottle of whisky in appellant's coat pocket, about half of which was gone.",Facts
"On October 24, appellant was taken to Waco around noon by Deputy Sheriff Ivan Bell and Gus Lanier, then County Attorney of Leon County, where he was questioned by Thad Johnson, interrogator for the Department of Public Safety.",Facts
"Officer C. L. Burton, upon being called as a witness, corroborated Officer Geffert's testimony relative to the search of the cabin and finding the needle, eyedropper and bottles of pills and capsules.",Facts
"In refusing to give the charge on circumstantial evidence, the court fell into error.",Analysis
"At most, the production of the shoes corroborated appellant's statement that he owned them.",Analysis
"""Nothing in this chapter applies to an abortion procured or attempted by medical advice for the purpose of saving the life of the mother.""",Analysis
Because of the possible wide ranging ramifications of the decision in this case the Court agreed to reconsider its prior decision on the basis of new evidence of the legislative intent.,Facts
"He looked up and ""saw this defendant (appellant) perched in the window sill of the window"", and told him ""to get back inside the apartment"".",Facts
We find the evidence sufficient to prove that appellant did offer the prosecuting witness money to engage in prostitution.,Conclusion
"Thus all of the above counts are specifically authorized by Government Code §6500.20 as more than $100,000 is claimed, and these counts are within the jurisdiction of the Court.",Rule/Law/Holding
"The evidence shows that during the night of October 9th the Wilcox Drug Store, in Anahuac, was burglarized and an assortment of narcotics, a radio, a wrist watch, and other merchandise were stolen.",Facts
"His counsel also urges, by brief, that the state failed to adduce any testimony to corroborate the testimony of the arresting officer.",Facts
A search of the pickup revealed a .22 caliber revolver hidden in the compartment under the dash board.,Facts
"When I got there I saw a woman in Pat's Liquor Store by herself, so I decided to rob it.",Facts
"""as soon as they started coming through the door I told the detective there, I says, ""˜that is one of them right there' (referring to appellant).""",Facts
"The conviction is for driving while intoxicated; the punishment, 365 days in jail and a fine of $50.",Facts
"Appellant did not testify but called his father, his sister and his former sister-in-law, who testified that on the night charged in the indictment they had all engaged in an all night poker game in which appellant had been a participant.",Facts
"In the absence of any showing that the juror acquired information material to the case, or of any discussion or wrongful use of anything she saw at the drug store, the juror's visit to the drug store did not require that a new trial be granted.",Analysis
"The trial judge refused to grant leave to appellant to file the motion for new trial but heard the evidence, at the conclusion of which he stated that he was of the opinion that he had no authority to grant permission to file the motion for new trial after 10 days had elapsed and overruled it.",Facts
"""Mr. Friloux: Your Honor, I can't see the relevancy of this.",Others
"Appellant's arrest for possession of barbiturates was clearly a part of the res gestae of the transaction with the prosecuting witness, and admissible as such.",Analysis
"Edward Sandies, the minor named in the information, a boy 14-years of age, testified that, on the night in question, he went to the place to buy a bottle of beer; that, when he arrived, he gave appellant a quarter and appellant brought him a bottle of beer.",Facts
"The appellant called Mrs. Peveto who testified that when she backed her car out from the south curb she backed into appellant's car which was located where cars are not normally parked, and that the appellant was alone in his car at the time.",Facts
"Appellant's contention is based upon the fact that Officer Garrison, in addition to telling appellant that if he took the test and it showed he was intoxicated, it would be used against him, also told him that if it showed that he was not intoxicated, he would be released.",Facts
"Howard testified that on Sunday, April 24, he saw a calf coming down the road about a mile east of his pasture; that it was his calf that was missing, and he put it in his pasture.",Facts
"Having disposed of the most difficult question in the case, we pass on to the sufficiency of the evidence to support this conviction for assault with intent to murder.",Analysis
"The election would have to be made before the filing of claim, let alone a law suit.",Analysis
"Mr. Jones and 16 year old Harley Wingo, another employee, were ordered to lie down with their faces to the floor and remain there under threat of being shot.",Facts
“Appellant takes issue with our statement in the original opinion that the holding in Rotner v.,Issue
"Jimmy D. Trickett and two other police officers of the city of Abilene went to appellant's home about 3:15 o'clock, a. m.",Facts
"Appellant, his wife, and a friend each testified that the beer was bought either for appellant’s own use or for som.e friends for whom a party was to be given.",Facts
"S. W. Coplin testified that on Saturday, April 22, a railway freight car was placed beside his business containing sacks of potatoes which he opened, inspected, and accepted; that the car contained 100 lb.",Facts
The other contentions presented have been considered and do not show error.,Analysis
"Appellant next complains of the admission of the letter in evidence over the objection of a variance because the letter contained more words, phrases, and language than the quoted phrases in the information.",Issue
The right to see a document or writing does not obtain when such writing is not used by the state before the jury in some way so as to make the contents thereof an issue.,Rule/Law/Holding
(b) The Government of Guam shall be liable in tort for damages arising from the negligent acts of Government Health Professionals performed within Government of Guam facilities as an agent of the Government of Guam at the request of the government.,Others
"The conviction is for assault with intent to murder without malice; the punishment, three years.",Facts
The evidence is sufficient to sustain the conviction and we find no reversible error.,Conclusion
"Officer Geffert's testimony and the other evidence which shows that pursuant to appellant's instructions the officers did go to the cabin, searched the same and in the search found the narcotic paraphernalia and barbiturates which appellant stated he had in the cabin is sufficient to corroborate appellant's oral confession.",Analysis
Appellant also introduced into evidence certain duly authenticated papers accompanying the requisition.,Facts
"The statement of facts accompanying this record has not been approved by the trial judge nor agreed to by counsel, as required by Article 759a, V.A.C.C.P.",Facts
The indictment alleged that appellant attempted to pass the check set forth therein to Mae John Landers.,Facts
Each of these matters was an issue in this case.,Others
The sheriff was looking for shoes that made the tracks in the burglarized building.,Facts
This is an appeal from the subsequent entry of judgment nunc pro tunc in the cause.,Facts
"The record sustains appellants' contention that there was no service of citation upon either of them, for which reason the default judgment making final the forfeiture of the appearance bond upon which they are sureties is without support.",Analysis
"The witness William C. Robinson, called by the state, testified that he and his wife came upon the scene of the accident about 8:50 P.M., that they got out of their car and ""walked over to the spot where the bodies were lying * * * The first thing I said when I walked up there, I asked someone, I don't recall who it was, if an ambulance and the police had been called, and they said yes.",Facts
"Six half pint bottles of Old Crow Whisky were found in the cafe, two in a stone crock of sugar and 3 under the water heater in the kitchen, one in the soft drink box in the rear of the dining room.",Facts
Appellant's motion for rehearing is overruled.,Conclusion
"Appellant sought to have the jury instructed to acquit if they found that Kuykendall was not a special deputy sheriff discharging his official duties, but the court submitted both aggravated assault and simple assault.",Facts
"The offense is unlawfully carrying a pistol; the punishment, 90 days in jail.",Conclusion
"The court further found that relator thus perpetrated a fraud upon the court ""causing a mistrial of the cause, and the defendant Kitchens to absent himself prior to a plea to the indictment * * *""",Facts
Darden Sr. went to the scene after calling one Noguess.,Facts
County Attorney Lanier then advised Highway Patrolman Hind-man by telephone of such information.,Facts
"The confession tracks her testimony concerning the entire transaction, except that she says therein she bought the gun in San Antonio and fails to mention that appellant furnished the money and that it was his pistol which had been pawned, and she attempts to exonerate appellant by stating that she told him she was going to Tyler to fill a prostitution date and would share the proceeds with him.",Facts
"In the car, a check and a broken whisky bottle were found; there was blood on the windshield and dash and a man’s black hat was found nearby.",Facts
That was for us to determine.,Others
"Jerry Thompson testified that she told Miller to put the beer in the machine, and testified: ""I guess the beer belonged to some of the roomers.",Facts
The indictment alleged the voluntary killing with malice aforethought of Tommy Box by shooting him with a gun.,Facts
"Appellant objected to such statement on the ground that it was a direct reference to his failure to testify, which objection was by the court overruled.",Facts
Opinion approved by the Court.,Others
"Under the evidence, we find no error in the giving of the charge.",Conclusion
Plaintiff has plead $200.00 in damages on each count.,Facts
"While it is the rule in this state that prior convictions may not be used more than once to enhance punishment, in Johnson v.",Rule/Law/Holding
"Also, the normal presumption that a seller of realty will require a mortgage or security agreement, made it necessary for the trial court to include such a mortgage requirement in its order to compel settlement.",Analysis
He points to his objection as to what the officer found and the trial court's agreement that he had,Facts
"The witness further related that he followed appellant's car on the occasion in question, which was at night, and observed that he was driving from one side of the road to the other; that he pulled up beside appellant and stopped him and appellant pulled off the road at an angle, with the rear end of the car still upon the pavement.",Facts
"The prosecuting witness, J. W. Donnell, testified that he had the 4,000-acre Muerta pasture under lease and that it was in his possession and under his care, control, and management.",Facts
"His witnesses testified, on cross-examination, that appellant lived with them continuously since March, 1961, and ""spent every night there"".",Facts
"C. Rust, was parked in front of his place of business in Harris County between 7 and 9:30 o'clock P.M. Mr. Rust discovered that it was missing and notified the police.",Facts
The state called Haller Burton Miller and Jerry Thompson as witnesses.,Facts
"The assistant supervisor, so far as this record discloses, had no authority to carry a pistol and had no authority to deputize appellant so as to authorize him to do so.",Facts
"His version of the death of his wife was that she had been drinking wine; that he got her to go to bed about 11:30, at which time she was very drunk.",Facts
"The prior convictions were proved by the prison records and comparison of fingerprints in the manner which has been held sufficient, and the allegation that the second prior conviction was for an offense committed after the first conviction had become final was proved by testimony showing the date of the said offense.",Analysis
Counsel was attempting to question the witness's ability to remember the names of people against whom he had instituted prosecutions.,Facts
"The deceased, a 50 year old Latin American, 5 feet 6 inches in height and weighing 181 pounds, met his death in Houston shortly after 1:15 A.M. by being stabbed in the back.",Facts
There is an entire absence of any direct evidence that he did possess it.,Facts
"After said request had been denied and the list of jurors chosen had been completed, and after some of the jurors had been called, counsel for the state discovered that he had struck only six names from the list whereas he had placed circled numbers from 1 to 6 opposite these six names and a circled number 7 opposite the name of the Juror Olivares, intending to strike his name also.",Facts
"The evidence does not reflect the wet or dry status of Kilgore, and, at best, is conflicting as to appellant’s own testimony as to whether the consumption was to be by him or by his employees.",Facts
"The information alleged that appellant had theretofore in Cause No. 149896, on the 17th day of February, 1960, been convicted of an offense of carrying a pistol.",Facts
"All of the evidence shows he was in a position to have heard the statement, and his actions showed that he did.",Analysis
"The ""objection"" which assigned no grounds to support it was overruled and the motion for a mistrial was not ruled on by the court or again mentioned or considered.",Facts
"""Now, therefore, I instruct you that if you find and believe from the evidence beyond a reasonable doubt that the Defendant, Lloyd Madison Stewart, as charged in the indictment, in the County of Dallas, and the State of Texas, on or about the 17th day of December, 1960,",Facts
"Dale Barnett testified that about April 21, his brother, Willie Barnett, told him that he put a calf in Troublefield's barn.",Facts
The question of whether or not Farris' statement to Griffin was heard by the appellant would be a question of fact to be decided by the jury.,Issue
"Fundamental error is claimed, there being no objection to the charge or requested charge.",Facts
"It was appellant’s testimony that he had been to Kilgore, where he purchased the wine in question for the consumption of his farm hands, and that, when stopped by the officers, he was going back to his home in Tyler, Smith County.",Facts
"The complaining witness, shown to be an eleven-year-old girl, testified that she was a schoolmate of appellant's daughter; that she knew that appellant fixed bicycles; that her ""bike"" was not running right; that she took it to appellant to fix.",Facts
"The government appeals, arguing that the mere fact that the defendant's supervisor told him to go upstairs and talk to certain agents did not result in a custodial interrogation.",Facts
"The witness Saxton testified that on the night of July 4, while at home, he heard a noise which sounded like a “car collision” and went to investigate, and that he observed an automobile sitting “crossways” about four or five feet from the pavement on the road running from Grand Saline to Alba, and the appellant lying on the ground on the driver’s side about eight feet from the automobile.",Facts
Appellant's one bill of exception incorporates all his informal bills.,Facts
"We overrule appellant's contention that the court erred in permitting the state to make proof of the prior alleged conviction and in identifying him as the person so convicted by introducing in evidence the certified copies of the indictment, judgment, sentence, and commitment in the prior case, together with the authenticated prison records and the evidence of fingerprint",Conclusion
"Only after this evidence was produced was appellant heard to complain and that by means of an instructed verdict, which was clearly improper.",Rule/Law/Holding
The four appellants are Negroes who were jointly charged with two members of the white race with intentionally aiding each other by purposely grouping at the entrance of the restaurant to illegally prevent the restaurateur from rightfully pursuing his occupation.,Facts
The state's testimony shows that the prosecuting witness and her two women companions lived in a house located across the street from appellant's residence.,Facts
We shall discuss the contentions advanced by brief and in argument.,Others
"At most, the State proved that the 18 accuseds, some white and some colored, at least one of whom had in his possession a railway ticket entitling him to travel to the State of California, presented themselves at the Union Station restaurant in Houston, which would seat ninety-four patrons and was only partially filled and which was located from four railroads engaged in interstate commerce and located in the Union Terminal building, with the only entrances opening into the terminal, and seated themselves at the counter and in booths.",Facts
"The offense of unlawful possession of whisky in a dry area for the purpose of sale, two prior convictions for like offenses being alleged for enhancement; the punishment, two years in jail and a fine of $1,000.",Facts
"It was shown that truck driver Canada was in the habit of carrying large sums of money on his person in the form of bills of large denomination; that he had a regular route from San Angelo to Sterling City, with intermediate stops, for the Gandy Milk Company; that he left San Angelo at 5:00 A.M., on the morning in question; that appellant and another colored man were seen to abandon Canada’s truck many miles farther north of Sterling City in the residential section of the city of Big Spring at approximately 8:30 A.M., on the morning in question.",Facts
"When State's counsel withdrew his objection to Sullivan testifying, the witness could have then been called by appellant to testify as if no objection had been made.",Analysis
"The evidence is undisputed that on February 20,1960, in Harris County, the appellant shot and killed the deceased, Leona Pearl Sawyer, with whom he had been living for approximately three years.",Facts
This objection was too indefinite.,Analysis
We find no merit in appelant's contention that the state failed to prove the value of the stolen automobile.,Conclusion
"On July 16, 1980 Defendants moved the Court for a Judgment on the Pleadings asserting inter alia that §17402 is unconstitutional because the wording is vague and could lend itself to Overbroad interpretation.",Facts
The record shows that it was some fifteen minutes after the accident before Officer Evans arrived at the scene.,Facts
We have been furnished with a certificate from the Texas Prison System showing that relator has served both sentences unless the cumulation be held effective.,Facts
"He's an ex-convict and he is just out of Alcatraz for bank robbery, and I know something that will send him back and he knows that I know it.""",Facts
The sufficiency of the evidence to sustain the conviction is challenged.,Issue
"If statements are untrue, the making of them clearly constitutes misconduct warranting reversal.",Rule/Law/Holding
It is apparent that the confession and admissions of the appellant constitute all the incriminating evidence introduced by the state.,Analysis
The record contains twenty-one formal bills of exception and numerous intormai bills.,Facts
"Appellant first contends that the State failed to prove the dry status of Lubbock County in that they did not offer into"" evidence the order of the Commissioners Court calling the 1910 prohibition election.",Issue
"The other two, Herschel Vick",Others
Appellant was put in the patrol car and was taken by Officer Williams into Tyler to the sheriff’s office.,Facts
We are without jurisdiction to enter any order herein other than to dismiss the appeal.,Conclusion
"Appellant's remaining informal bill he relies on in his brief complains of the overruling of his objection to the answer of Officer Rogers: ""He attempted to leave after that.""",Facts
"The second court, under which appellant was convicted, charged that on the date alleged the appellant, while engaged in the performance of an unlawful act ""to wit driving and operating a motor vehicle, to wit an automobile across a double stripe and highway marker,"" did by negligence and carelessness cause the death of the deceased by then and there colliding with a bicycle which the deceased was riding.",Facts
"Box, the owner of the store, and his wife, while testifying in the instant case, identified the appellant as the person who pointed the pistol toward Box as he and Blaylock took about $500 in money from Box's billfold and the cash register.",Facts
Upon objection by the State that the same was hearsay the court refused to admit such testimony before the jury.,Facts
There was sufficient evidence introduced without objection to sustain the allegation of the complaint and information as to the prior convictions.,Facts
We find the evidence sufficient to support the jury's verdict.,Conclusion
"While use of the credit card in the transaction did constitute an extention of credit to the Lewter Feed Lots Company, no credit was extended by the injured party to the appellant and his companions.",Analysis
In his brief and in oral argument appellant states that he does not contend that he was discriminated against but contends that the Grand Jury which returned the indictment was an illegal Grand Jury because it was not selected in accordance with the Constitutional mandate that women serve on Grand Juries in this State.,Facts
"The women left the front porch light on, and around 8 p.m. appellant came to the door, rang the door bell, and when asked by the prosecuting witness who he was, answered "" T am Doc.' "" Upon being asked where he lived, appellant answered "" ""˜Across the street * * * Aren't you going to let me in?' "" Soon thereafter the police arrived upon the scene and apprehended appellant in the driveway after he stated to them, "" T am the one that wrote the letter.' """,Facts
"Upon waiver of a jury, the appellant was convicted for the offense of giving a check in the sum of $35 without sufficient funds and with the intent to defraud; the punishment, sixty days in jail.",Facts
"The officers stopped appellant, who, with Lacy, got out of the truck and met the officers about half-way between the truck and the officers’ car.",Facts
The appellant did not testify or offer any evidence in his behalf.,Facts
"15 provides the punishment for violation of Art. 726d, V.A.P.C., a second or subsequent violation being punishable by confinement in the penitentiary for not less than two years nor more than ten years.",Rule/Law/Holding
He either remains a bailee or he becomes a thief.,Analysis
"The Court notes that defendant's proper and least problematic method to obtain his appeal is by way of writ of habeas corpus in the District Court, or in this Court.",Analysis
"There were no restrictions, oral or written, covering the area of its use.",Facts
"Appellant, testifying as a witness in his own behalf, admitted his relationship with the youth and stated that this was his first act of sexual deviation.",Facts
Proof was made and appellant admitted that he had been convicted in the year 1959 in the 138th Judicial District Court of Cameron County of the offense of unlawfully possessing marijuana.,Facts
Yet the reading of §6500.10 urged by defendants is that simply by plaintiff's' act of filing a claim with the government for alleged negligence an employee is completely immunized should it turn out that the act was intentional.,Analysis
sacks of No. 1 Grade Everbest Brand of potatoes to said store on Sunday.,Facts
"When they arrived, they observed the appellant and a companion, Helen Jackson, seated in an automobile.",Facts
Appellant filed various exceptions and motions to quash the complaint which were overruled.,Facts
"Webster's New International Dictionary, 2nd Ed., defines ""gang"" as a ""company of persons acting together for some purpose, usually criminal, or at least not good or respectable"".",Rule/Law/Holding
"Officer Hemphill identified the appellant as the driver of the car which he testified was traveling at a high rate of speed, approximately seventy miles per hour.",Facts
The Court is of the opinion that he foregoing Order involves a controlling issue of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the Order may materially advance the ultimate termination of the litigation.,Conclusion
"The court held that sufficient diligence had not been demonstrated, and we agree with such holding.",Conclusion
Appellant filed no brief on appeal.,Facts
The eighth count of the indictment alleged:,Facts
The whisky was introduced in evidence.,Facts
The efforts of an accused to induce a witness to testify falsely may be shown as indicating a consciousness of guilt.,Rule/Law/Holding
Appellant did not testify or call any witnesses who gave testimony material to the issue of his guilt.,Facts
"After the motion for mistrial was overruled, the prosecutor continued, “You are not going to degrade him and you’re not going to ruin his life.",Facts
The sufficiency of the evidence to support a conviction under an indictment cannot be raised collaterally by habeas corpus but must be raised by appeal.,Rule/Law/Holding
"The following Tuesday morning, appellant again called Mrs. Wilhite and again talked to her about her prostituting to make money and pay him back for the money he had been out in making bail.",Facts
"Although there was evidence without objection of several acts which were barred by limitation, yet such testimony was admissible.",Analysis
"Appellant stands charged by indictment of rape by force, and brings this appeal from an order of the district judge refusing to grant him bail.",Facts
The objection was sustained.,Conclusion
"He admitted, however, that he had told one of the employees of the funeral home that he was afraid he would be filed on for statutory rape.",Facts
"They testified that shortly thereafter they heard a loud niose, ""sounded like a heavy object had been dropped,"" and went to investigate.",Facts
"George Clemons testified that he lived at 3437 Simmons Street in Houston, Harris County, Texas; that on the night in question he heard a car hit a bridge approximately 175 feet from his house; that when he got to the scene of the accident three or four minutes after it occurred appellant was seated inside the automobile on the driver's side, and no one else was in the automobile; that he asked appellant if she was hurt, and she said she wanted to call her son; that appellant got out of the automobile and went to find a phone and he went back home; that he was in appellant's company only two or three minutes and was unable to express an opinion as to her intoxication or sobriety-",Facts
There must be extrinsic corroborative evidence in addition to the confession and admissions in order to snpport the conviction.,Rule/Law/Holding
"At such time, the appellant had a bottle in his pocket and one of the men was carrying a box.",Facts
The order of the judge who tried the case at the former trial shows that appellant's counsel agreed to the discharge of the jury.,Facts
"Appellant's contention that the evidence is insufficient to establish that the accident occurred in Harris County, Texas, is overruled.",Conclusion
The contention that such search was unlawful is overruled.,Conclusion
"When a judgment is devoid of definite and specific factual allegations, we must then turn to the record to look for facts sufficient to sustain the action of the trial court in entering the judgment.",Analysis
The court properly submitted to the jury the issue of entrapment which was raised by the evidence and under the record we would be unauthorized to disturb its verdict.,Analysis
"Be that as it may, we observe that the blood which was found on the seat covers was not of prosecutrix but came from appellant's arm.",Facts
The witness Coplin testified that he had not handled this brand of potatoes before or since this occasion and was unable to find anyone in Houston who had dealt in them.,Facts
"Appellant's voluntary written statement, made to Officer M.",Facts
"The' conviction is under Art. 725b, V.A.P.C., for the unlawful possession of a narcotic drug, with punishment assessed at life imprisonment, enhanced under Art. 63, V.A.P.C., by reason of two prior convictions for felony offenses less than capital.",Facts
"They were admitted to the house upon the invitation of an attendant there, a Mr. Inman.",Facts
We find the evidence sufficient to sustain the conviction.,Conclusion
The issue of suspended sentence was also submitted to the jury in the charge.,Facts
The testimony of the officers in the instant case is sufficient to directly connect appellant with the offense.,Analysis
"The certification of the attending physician is shown to have been filed with the local registrar in Madison County, Alabama, on November 3, 1944, and gives the date of birth as October 7, 1944.",Facts
Requested charge No. 3 would have instructed the jury that proof that a house bears the general reputation of a house of prostitution or general reputation of an inmate thereof as a common prostitute is not sufficient in itself to establish such as a fact.,Facts
The evidence is sufficient to sustain the jury's verdict.,Conclusion
After his arrest appellant made a statement to City Detective Dhority which was introduced in evidence.,Facts
She testified that she did not give appellant permission to break into the house or to take the pistols.,Facts
The record contains no formal or informal bills of exception and no brief had been filed on behalf of appellant.,Facts
It was shown that at the time appellant delivered the check to the prosecuting witness he did not have funds on deposit in the bank with which to pay the same and that his account in the bank had been closed for more than a year.,Facts
Relator challenges the validity of Subdivision (g) of Article 14.08 of the Election Code on the grounds that no penal provision is mentioned in the caption which reads as follows:,Issue
"""Shall we just have a full bill to this, so that we won't have to object to each question?""",Others
"While the indictment charged the appellant in separate counts with both an unlawful sale and possession of the herion, the court submitted only the issue of unlawful possession to the jury.",Facts
"If he became a thief, then the bailment ceased, and Hertz was entitled to no rent money on the car.",Analysis
"When they arrived she was crying, could not talk coherently, and, after her husband had been called and came to the house, she related to him what had happened to her.",Facts
"The State's testimony shows that on the day in question, an automobile in which appellant and his two companions, Billy J. Matthews and William H. Vaughn, were traveling, collided with a Chevrolet automobile around 6 P.M. at the intersection of Westmoreland and Ledbetter streets in the city of Dallas.",Facts
The question of jury separation sought to be raised in the statement of facts does not reflect error.,Analysis
"Cal., May 18, 1961, the roadways on McClellan Air Force Base in California were held to be highways under the State Statute defining drunken driving.",Facts
"This line of questioning continued as to several other offenses of vagrancy, the witness responding that she had not been convicted and had never pleaded guilty.",Facts
He further testified that none of the officers told him he was under arrest.,Facts
The informal bills fail to reflect error.,Conclusion
"In view of the authorities heretofore cited, we hold that the relator is entitled to be discharged.",Conclusion
"These witnesses testified that they knew the general reputation of the prosecutrix in the community where she resided for chastity and virtue, and that it was good.",Facts
"Appellant was convicted in Wilbarger County, after a change of venue from Hardeman County, for the offense of cattle theft; the punishment, two years.",Facts
The testimony reflects that prior to appellant's coming to the,Facts
She testified that she made no overt gesture toward appellant and that she was not armed.,Facts
"Appellant then drew a check for $17, gave it to the injured party, his original check for $7 was destroyed and the injured party gave him another ring and $5 cash.",Facts
"B. Shapiro filed a verified answer and denial in this cause on October 24, 1959.",Facts
There are no formal bills.,Facts
"These two witnesses did, by their testimony, fully implicate appellant.",Facts
The witness further testified that “a piece of a bottle” of what he believed was gin was taken out of the automobile.,Facts
There are no formal bills of exception.,Facts
"Appellant's other complaint relates to the cross-examination of one of his witnesses who had testified concerning the smell of shellac and who had stated he was familiar with the smell of beer, as follows: ""And you know what beer smells like, kind of stale odor.",Facts
"When asked if she told him that the pistol went off accidentally, the officer replied: ""No, sir; she said she shot him on purpose and intended to kill him.""",Facts
The presumption is that the legislature intended to achieve a consistent body of law.,Analysis
Appellant offered no evidence and no brief has been filed in his behalf.,Facts
Appellant apparently urges this contention as fundamental error.,Facts
"The bill recites that if he had been permitted to do so, Witness Young would have testified that he was acquainted with the appellant and his general reputation in the community in which he lived for sobriety, and that said general reputation of the appellant for sobriety was good.",Facts
"Appellant’s mother testified that appellant was wearing a black hat on January 3 but was not wearing a hat when he came home about 7 A.M., January 4, bloody and with a cut on his head; that she called an ambulance which took him to the hospital; and that she next saw her son’s black hat a few days later in the sheriff’s office and took it home.",Facts
The jury resolved the issue against appellant and the evidence is sufficient to sustain their findings.,Conclusion
"If the claim gives such facts as would enable the Government to investigate its liability, it should be judged sufficient.",Analysis
"Well, I don't know what they were doing with it, but I heard them looking through my identification and he said: ""˜Hand me that stuff,' and Regina handed it to him and I never saw it anymore.",Facts
"There being no proof of the corpus delicti and the uncorroborated confession of the appellant being insufficient as a matter of law, the evidence is insufficient to sustain the conviction.",Analysis
"G. Hall following his arrest, was introduced in evidence by the State, in which he admitted having committed the robbery.",Facts
The surnames are not idem sonans and the state concedes that the variance is fatal.,Analysis
"347, 263 S.W. 2d 564, the sheriff was asked on cross-examination if he had not ""been after"" the accused for a year, to which he replied, ""Yes, as long as he steals, I will be after him.""",Facts