Sentence,Label
The evidence from the standpoint of the state shows that Frank H. Fryer was not armed and made no attack upon appellant.,Facts
"He testified that, ""I am in charge of all three offices and the personnel, and the vehicles that we operate here in this area.""",Facts
"The evidence which appellant contends raised the issue of insanity at the time the burglary was committed is that of his mother who testified that he was subject to epileptic seizures which lasted for five or ten minutes: ""He gets to where he doesn't know a thing.",Facts
"With the vacating of the November 26, 1979 Decision and Order, the appointment of a ""Special Prosecutor"" by the Superior Court is declared a nullity.",Conclusion
“There is nothing in the record to suggest that the collision would not have occurred with the same results had the truck been traveling at thirty miles per hour instead of thirty-five.,Analysis
We find no merit in appellant's contention.,Conclusion
Appellant testified in support of his application for suspension of sentence that he had never been convicted of a felony and called witnesses who attested his good reputation for being a peaceable and law abiding citizen.,Facts
"He also testified: ""I * * * Brink very little""; that he had complete control of all of his faculties; that he understood everything the officer was saying to him; that his woman companion was arrested for being drunk but that she was not doing anything; that he felt that a drunk test would prove that he was not drunk and that he asked for one but was not given one.",Facts
The evidence introduced by the state consisted of the testimony of two police officers who testified that they stopped appellant on Stemmons Freeway after observing him drive at a speed,Facts
"The state then apparently attempted to introduce a slip or something to more specifically show the subsection of the vagrancy statute, for the state's counsel stated: ""We w,ish to offer this to show the subsection.""",Facts
"Appellant said: ""Come here a minute,"" the witness related; that she started not to but that appellant said: ""Come on, I won't hurt you,"" so she went over to the chair where appellant was sitting.",Facts
"The arresting officers, and a third officer who observed appellant after his arrest, expressed the opinion that appellant was intoxicated.",Facts
"During the time of appellant's negotiations with Gee, appellant was indebted to the company.",Facts
"The witness Nichols, who was a member of the Highway Patrol on the day in question, testified that, while on duty at approximately 8:00 P.M. he had occasion to stop an automobile and was talking to the driver thereof when he noticed an automobile approaching them; that it crossed over the center line headed in the direction of where he and the other driver were standing; that they ran for the ditch to avoid being hit; and that, after the moving automobile passed, he re-entered his patrol car and gave chase.",Facts
Appellant contends that the offering in evidence of the application for the suspended sentence created a fact issue for the jury and that it made it incumbent upon the trial court to instruct upon and to present to the jury for its determination the issue of a suspended sentence.,Issue
"to which question she replied: ""Vagrancy.""",Facts
"E. Bailey, that the Defendant before he was arrested told him that there was no one in the car with him at the time of the collision and that M.",Facts
"For the reasons stated, the judgment is reversed and the cause is remanded.",Conclusion
"The evidence admitted without objection shows that appellant conversed freely with the officers; stated that he had ""had a little at his job"", when asked if he had been drinking; and when asked about the sign on the hood of his car, answered ""What sign?""",Facts
"I concur in the affirmance of this conviction which upholds the constitutionality of Article 1404b, V.A.P.C.",Conclusion
"The front of appellant's car struck Robert Lee Phillips, breaking his leg and thumb.",Facts
With the exception of appellant's intent each essential element of the offense was proven by direct evidence.,Analysis
"Here, appellant did not testify, but offered his own application for suspended sentence.",Facts
Kitchen returned to the farm and then went to the deceased's house around 7:30 A.M.,Facts
The motion for new trial is but a pleading and as such must be supported by proof.,Rule/Law/Holding
"The defendant was ordered by a superior immediately to appear in the Intelligence Division of the Department of Revenue and Taxation and certain questions were asked of him in the presence of the Department head, the special agent and a stenographer.",Facts
"Appellant testified that Butler stopped him and asked him for a pint of whisky, and he told him he did not sell whisky and had none.",Facts
"In Toombs, the state's one witness failed to testify that he smelled liquor on appellant's breath and he failed to express an opinion that appellant was intoxicated.",Facts
"Appellant contends that since his acts did not result in death, and because of his age, we should reverse the case because the punishment is excessive.",Issue
"We overrule the contention that the evidence is insufficient to sustain a finding by the jury that the appellant drove an automobile on a public highway at the time in question, and point out that the appellant's statement that he was the driver of the automobile involved in the collision was a res gestae statement as well as a statement in the nature of an oral confession.",Conclusion
"He'll be here in a few minutes.""",Others
"On the night in question the appellant testified that he and a fifteen-year-old cousin were at the Electronic Lounge, and just prior to closing time he was going to take the boy home and ""run by"" and see his grandfather and take his grandfather a ""few beers"".",Facts
"All of the evidence shows that, while some 12 to 15 feet from Frank H. Fryer, appellant fired a shot from a shotgun striking Fryer in the muscle of the right arm.",Facts
Was there anything else?,Others
The two items of evidence which he tendered were in existence prior to the time of trial and were cumulative of the evidence adduced at the trial and were therefore not such newly discovered evidence as to call for a new trial.,Analysis
"In rebuttal, the State called witnesses who testified that appellant's reputation for being a peaceable and law abiding citizen was bad.",Facts
Appellant's contention is overruled and is without merit.,Conclusion
"Proof was made by the state that appellant had been twice previously convicted in the United States District Court for the Southern District of Texas, Houston Division, of two non-capital felony offenses.",Facts
"As a witness in his own behalf, appellant denied any knowledge of the presence of the marijuana in his automobile, repudiated his written confession, and testified that he signed the same under an agreement with the officers that it was a consent for the search of his residence without a search warrant.",Facts
Such order of appointment of the grand jury commissioners was in compliance with the statute.,Analysis
1 and 2 he determined that each of them,Others
"The record reflects that the county clerk of Smith County testified directly from the commissioners court records and read, completely, the order requiring the election prohibiting the sale of wine, the order declaring the results of said election, and the publication of the resuts of the election, giving the volume and page number of the minutes of the commissioners court wherein each of the orders appeared.",Facts
"Dr. Goodall testified that Jimmy Ann was brought to his hospital on the night in question suffering from gunshot wounds, that he operated on her for three hours, and that she was in a critical condition.",Facts
"The record shows that prior to this testimony concerning the line-up Jackson himself had related, without objection, that",Facts
"In the case at bar, Kilgore stated that he was working at the L. & J. Grocery, and the facts show that he was the sole occupant of the store and was in charge of the premises at the time of the robbery.",Facts
"Did he point out any clothes to you?""",Others
Vacated and remanded.,Conclusion
Appellant stated to Johnson that he shot the deceased as he was standing in front of his house and after firing the shot he threw the rifle in a stock tank nearby.,Facts
It was shown that appellant owned and operated a 1955 Chevrolet blue and white automobile with twin mirrors on the fenders and dual exhaust pipes.,Facts
Now you say that the premises were controlled by Report Walton on that date and you know that?,Facts
"The arresting officer also testified that he found some 19 bottles of beer in the pickup driven by appellant, and from his breath and actions he assumed that appellant drank the 5 bottles of beer missing from the 24 bottles case.",Facts
"The state's evidence further shows that on the morning of January 13, 1961, between the hours of one and two a.m., City Patrolman Cecil Stone met the appellant driving a pickup truck on Highway 377 in the city of Stephenville.",Facts
"The State's proof shows that on the Sunday afternoon of March 26, 1961, the appellant and his three co-indictees came to a Yearwood Butane Co. station in the town of Fabens and told the attendant in charge they wanted some tires.",Facts
"Even so, the objection was levelled at the whole report and did not point out the apparent corroboration on the disputed issue.",Facts
"The witness Trickett testified that she gave the officer permission to go inside, where they found appellant lying on a bed.",Facts
"""It is provable that one accused of drunken driving had a collision on the highway with an automobile driven by another person, on the ground that the manner in which accused",Facts
The objections to the charge are that it shifts the burden of proof to the appellant; that it fails to charge the law of reason,Facts
"A litigant is not permitted during a trial on the merits to remain silent as to affirmative defenses known to him, and then when an adverse result is reached, on motion for new trial complain because of his own neglect.",Rule/Law/Holding
The appellant was known in the community where he was tried.,Facts
"pen"" and that a life sentence, with good behavior, would mean seven or eight years; that they, the jurors, then arrived at a verdict of life imprisonment.",Facts
"He also filed another sworn answer and denial May 13, 1960.",Facts
"The offense is felony theft; the punishment, enhanced by two prior convictions for felonies less than capital, life.",Facts
We do not agree with this contention.,Conclusion
"Appellant filed four formal bills of exception, all of which were qualified by the court and none of which reflect error.",Facts
"In the face of this record, there is no showing that the arguments complained of resulted in any injury or prejudice to the rights of the appellant.",Analysis
The framers of the bill thus informed the public and their fellow legislators that the purpose of the bill was to change the definition.,Facts
The officer testified that he could smell the odor of alcohol on appellant's breath at the scene of the accident.,Facts
"Without a further description, the accused was not put on notice as to what he was alleged to have taken by force.",Analysis
"On January 14, 1960, the appellant signed a rental contract with Hertz Rent-A-Car in El Paso for the use of a thunderbird automobile of the value of more than $5,000 to be there returned January 16, and it was then and there delivered to him.",Facts
The sole contention presented on appeal is that the court erred in failing to charge on the law of circumstantial evidence.,Issue
"First, we have determined that the defendants-appellants may prosecute this appeal independently of any partnership agreement which it might have with other defendants.",Analysis
"The offense is driving an automobile upon a public highway while intoxicated; the punishment, 3 days in jail and a fine of $100.",Facts
"The conviction is for murder without malice; the punishment, two years.",Facts
Appellant's requested instruction was insufficient to point out any error therein.,Analysis
Its purpose was clearly restricted to “further defining the offense of an attempt to commit arson.”,Analysis
"Thereupon, Kitchen took appellant to his home in Flynn and the next morning, October 24, Kitchen returned to Flynn and took appellant to his work.",Facts
"In the absence of any showing of injury the error, if any, is not ground for reversal.",Analysis
"The court in his charge followed the terms of Article 1177a, supra, and the indictment, and we find no merit in appellant's contention that the court erred in failing to give his requested charges.",Conclusion
"It is noted, however, that, as heretofore shown, the order in the instant case transferring the cause to Criminal District Court No. 4 does recite that it was with permission of the court.",Analysis
Complaint was made by the appellant to the evidence elicited by the question and answer for the reason that the evidence showed that he had shot the deceased on a previous occasion.,Facts
"Dr. W. W. Coulter, a pathologist in the Medical Examiner's Office, testified that the cause of death of John Farris was a gunshot wound in the left chest.",Facts
And where did you go if any place?,Others
"Appellant failed to bring himself under the terms of Art. 666-23a (1), which makes it lawful to transport intoxicants from a place where the sale thereof is legal to a place where the possession thereof is legal.",Analysis
The trial court erred in submitting to the jury the issue of rape by threats.,Facts
"The injured party testified that one Jerry Fields came to his filling station in the city of Olney, told him his name was Jerry Cook and he wanted some gasoline, but that he refused to extend him credit.",Facts
"Officer Hudson testified that when he arrived at the scene of an automobile collision, about two or three minutes after he had received a radio dispatch to investigate an accident, he found that two cars ""had both started backing out and they backed into each other in the middle of Green Avenue"", a public street, and ""They were across the center stripe""; that from his investigation he was able to determine that ""the cars were still in the same position as where the accident happened,"" and that prior to the accident ""one car was parked on the north side of Green and the other was parked on the south side"".",Facts
"Thomas J. Hill, who also witnessed the accident, testified that it appeared to him that appellant had been drinking.",Facts
"The witness Hereford testified that for some time prior to the date charged in the indictment he had left an air conditioning unit stored in the hallway of an apartment house under his control ; that on the day in question he received a call, went to the apartment house and found the unit sitting on the front porch some forty feet from where it had been stored.",Facts
Appellant's oral statement and the shoes were admitted in,Facts
"The following day, when the potatoes were unloaded, it was ascertained that 22 of the sacks of potatoes had been taken from the car since it was inspected the day before.",Facts
He was carried to the hospital where he was treated for a few days.,Facts
"If in fact the appellant had served one or more jail terms, it is apparent that the jury would have been misled by the argument that the jury would ruin his life if they convicted him because he would have to go to jail.",Analysis
We also overrule the contention that an issue should have been submitted to the jury as to whether or not a conspiracy to commit the burglary and theft existed.,Conclusion
"After continuing to drive, Agent Sherman ""” upon appellant's instructions ""” stopped the car and ""honked"" the horn.",Facts
"In the case at bar, we feel that the relator carried the burden of overcoming the presumption that the recitals in the judgment were not only true but sufficient to sustain the trial court's action.",Analysis
“I mean I took the pictures for the purpose of sex education.,Facts
"Therefore, the deletion of reference to the Claims Act would have been meaningless unless, as plaintiff argues, it eliminated any need to resort to the procedures of the Claims Act when suit is filed against GMH.",Analysis
The amended statute was in effect on the date the indictment alleged the second conviction was had.,Facts
"The prosecuting witness, Hill, testified that the cash market value of the automobile was ""between two and a quarter and three hundred dollars.""",Facts
"While in his amended answer appellant alleged that the bond was invalid for various reasons, he did not, as pointed out in our original opinion, in any manner, deny execution of the bond.",Analysis
"The offense is assault with intent to murder with malice; the punishment, 5 years.",Facts
"He is in no position to complain because he had already been served in this cause on May 5, 1959, long prior to the issuance of the alias scire facias.",Analysis
Appellant further contends that the caption of the act amending the statute in question omits mentioning an intent to change the penalty provided for in the body of the act. It is appellant’s position that these contentions advanced by him make the act unconstitutional as being contrary to Art. 3 of Sec.,Issue
Appellant urges that the trial court erred in admitting testimony given by one of the arresting officers that Jackson identified appellant at the line-up even before those participating in the line-up were in proper position.,Issue
"State, 320 S.W. 2d 139, holds ""the exercise of discretion is measured by the time the jury have been kept together, considered in the light of the nature of the case and the evidence.""",Rule/Law/Holding
"The owner of an Iron Works Company testified that on March 1, 1961, he bought seven grease traps from appellant who delivered them to his company.",Facts
"Finding the evidence sufficient and no reversible error appearing, the judgment of the trial court is affirmed.",Conclusion
This witness also related that appellant agreed to take a urine test but when he got to the jail he refused it.,Facts
He first says that there was no evidence to support the charge and that it was a comment upon the weight of the evidence.,Facts
"Thereafter, Officer Evans was recalled by the State in rebuttal and, over appellant's objection, was permitted to testify that appellant told him at the scene of the collision he had been with the girl all evening and that he had two or three drinks of Ezra Brooks bourbon whisky the night before he was arrested-",Facts
The testimony shows that Foy Horton and W. C. Howard had been in the ranching business for many years.,Facts
Opinion approved by the Court.,Others
"The court in his charge submitted such defense, but refused appellant's request that the jury be instructed that in determining the existence of real or apparent danger it was the duty of the jury to ""consider the words, acts and conduct, if any, of the injured party, at the time of and prior to the time of the assault and consider whatever threats, if any, the injured party may have made to the defendant * *",Facts
The state insists that the statement was admissible in evidence as a part of the res gestae.,Analysis
"In the recent case of Ex parte Knoll, 339 S.W. 2d 678, citing Ex parte Higgins, 338 S.W. 2d 717, in upholding the action of the governor of this state ordering the return of a relator to the demanding state after revocation of his probation in that state this court said:",Rule/Law/Holding
"You would have to look in the jacket, is that correct?",Facts
"All right, does it show there which subsection of the vagrancy statutes Virgil John Etchieson was filed on for?",Others
"The indictment in the instant case clearly alleges that appellant attempted to procure the female by ""means of offering her money"".",Facts
The State's proof shows that on the night in question two automobiles were involved in a major accident at the corner of Field and Ross Avenue in the City of Dallas.,Facts
"The informer proceeded to the automobile and after talking to appellant and his companion, returned to the agent's car.",Facts
The remaining claim for reversal is the contention that the court erred in overruling appellant's motion for new trial based upon the fact that a member of the jury separated from other jurors and visited the drug store during the trial.,Issue
"Due to our disposition of the cause, the facts need not be set forth.",Others
"When he went to work on the morning of January 13, 1961, he discovered that the tool house on the job had been broken into and certain items of property were missing.",Facts
""" ""˜There are numerous decisions holding that this court will judge of the action of the trial court in rejecting or admitting testimony from the standpoint of the objections made, and not from the standpoint of objections which might have been made but were not.' """,Rule/Law/Holding
"It will be noticed that the evidence does not suggest that appellant was in a seizure or was suffering the effects of a seizure at the time he went from Houston to Anahuac, climbed up the drain pipe to the roof of the drug store, took all the narcotics he could find as well as other property, and climbed out through the hole in the roof.",Facts
The government has all the tools of any civil suit to refine the plaintiff's theory before trial.,Analysis
"When the appellant denied that he had, an officer was then allowed to testify, over objection that the offenses inquired about did not involve moral turpitude, that he had arrested appellant or had been in company with others who arrested appellant on three or four occasions, and that he had pleaded guilty to vagrancy under an assumed name.",Facts
The informal bills of exception shown in the statement of facts have been examined and are overruled.,Conclusion
"Prior to closing time, the appellant had been accompanied by Doris Green while he took his nephew home.",Facts
"Mrs. Williams testified that he had a seizure a week before the trial; that about a month before the trial, and again three weeks later he cut his wrists; that he had been having epileptic seizures two years; that the last one was in the doctor's office and lasted 10 or 15 minutes; that he became unconscious when he had such seizures.",Facts
The conduct inquired about on cross-examination must be inconsistent with the trait of character to which the witness had attested.,Analysis
"Appellant then directed Agent Sherman to drive to a ""cool"" place, by which he meant a secluded place.",Facts
Appellant relies upon Rotner v.,Analysis
"We have examined the authorities cited, and it it apparent from the opinion in each of them that the person who made the attempted appointment which led the accused to believe he had authority to act was in fact a de jure officer.",Analysis
"The conviction is for forgery; the punishment, enhanced by two prior convictions for felonies less than capital, life imprisonment, as provided by Art. 63, V.A.P.C.",Facts
"The offense is attempting to pass as true a forged instrument; the punishment, two years.",Conclusion
We drove around and seen the drug store.,Facts
"This motion is not shown to have been presented to the trial court or acted upon by him, and the same was controverted by the State.",Facts
What did you do with the hundred and fifty dollars he gave you?,Facts
"While the record reflects that prior to the extradition proceedings a petition had been filed in the 142nd District Court of Midland County against appellant under the Uniform Support Act, there is no showing that appellant had submitted to the jurisdiction of the court and complied with any order of support.",Facts
Citing authorities.,Others
There was no objection to the fact that it was not formally introduced in evidence.,Facts
The convictions are for the misdemeanor offense of unlawful assembly under Arts.,Conclusion
"He further testified that the Selby murder case was mentioned very briefly in the deliberations; that a discussion about the length of time Selby would have to serve was used as an example of a life sentence; that there was a possibility of a person with a life sentence being eligible for parole in seven or eight years ""upon good behavior and the Board of Trustees [sic] and the Governor putting him on parole.""",Facts
The transcript indicated that originally §49003(g) describing powers of Guam Memorial Hospital Authority read:,Facts
The sentence was suspended by the court and appellant placed upon probation for a period of one year upon certain terms and conditions.,Facts
"The Government further asserts that ""these are not necessarily the exclusive public interests which the statute was enacted to protect..."", but rather, ""... it is possible that the Legislature formulated additional reasons for enacting the statute,"" (emphasis ours.)",Facts
"“by inviting and encouraging and inducing him to go to a place in Harris County, Texas, said place being a place where intoxicating liquors were sold, and to partake of said intoxicating liquors by then and there buying for and giving to the said Edward Sandels said intoxicating liquors.”",Facts
"Officer Bessent further testified that after listening to the conversation he went to the county attorney's office, obtained a warrant for appellant's arrest on a peace bond hearing, and then proceeded with other officers outside the city limits to Carlisle, where appellant was placed under arrest.",Facts
"As they were leaving they helped push and start a car driven by Mrs. Ruth Jackson, who had been working at the Electronic Lounge that evening.",Facts
No brief has been filed on behalf of the appellant.,Facts
"In order to be considered by this court, a statement of facts must be agreed to by counsel for the state and appellant or approved by the trial judge.",Rule/Law/Holding
"Defendant argues that it is impossible to reconcile plaintiff's position with the language of §6500.19 which mentions ""claims against"" GMH.",Facts
"The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $50.",Facts
We have searched this record with care and have been unable to find the evidence to support the conclusion expressed in the State's brief that appellant was seen unloading the still pot.,Analysis
No weapons were exhibited by the deceased at any time and none were found on his body or at the scene.,Facts
The appellant did not testify but called one witness who testified only about appellant's employment.,Facts
"In Bill No. 4, no certification is made that the argument set forth therein was not supported by the evidence, hence it cannot be appraised because no statement of facts accompanies the record.",Analysis
A suit filed under the Claims Act is a very narrow and limited area for relief.,Rule/Law/Holding
Any claims of error for want of proper service became a nullity when the surities appeared in person and by counsel in open court upon the call of this cause and announced ready for.,Analysis
Appellant predicates this appeal upon two formal bills of exception and several informal bills of exception.,Facts
"On July 14, 1972, the United States Marshal for the Territory of Guam issued his Notice of Levying on Real Property, and filed the same with the Department of Land Management, Government of Guam, under document No. 114073, on the same date.",Facts
"35 of our Constitution, which says, in substance, that no bill, with certain exceptions (being general appropriations bills) shall contain more than one subject, which shall be expressed in its title.",Rule/Law/Holding
"It charged the existence of facts which, if sustained, show a violation of the law.",Rule/Law/Holding
If either request was to be allowed it should have been that of defense counsel made before the lists showing the peremptory challenges had been compared.,Analysis
"Having concluded that the court erred in issuing the writ of procedendo, it naturally follows that jurisdiction is still in the County Court at Law No. 2 and the Justice Court had no authority to issue the capias pro fine.",Analysis
The rule relating to the introduction of photographs of the body of the deceased which may be inflammatory has been stated and applied in a number of rather recent decisions.,Rule/Law/Holding
We hold this evidence was admissible to show that the appellant had a motive for killing Farris.,Conclusion
"""The court further finds that the court was fraudulently misled and caused to recess the court prior to the time for the usual recess on the direct application and request of the said defense attorney Jack Mackin, and that the court was misled by the said Mackin to the extent that the said Kitchens had no intent to enter a plea of guilty, and no agreement having been made, as reported by counsel for the state and the defendant at 1:15 P.M.; and said defense attorney Jack Mackin having directly requested and insisted to the court that the court not cause the defendant to plead to the indictment prior to the conference between the said Jack Mackin and the district attorney and the defendant, full knowing that the bondsmen of the defendant had at that time been stricken from the approved bond list of Tarrant County, Texas, due to large sums in other judgments nisi now pending against them, one of the said bondsmen being the partner of said Jack Mackin; and that the said Jack Mackin went to the office of the district attorney at the time of recess and discussed for a matter of moments the possibility of a nominal sentence, and the defendant Kitchens never appeared for said conference, and repaired immediately to his automobile and drove away; that the said Jack Mackin at no time offered any explanation of the absence of the said Kitchens at the time of or immediately after the reconvening of the court at 1:15 P.M.",Facts
"Under this record, we are of the opinion that the incorrect statements made by the various jurors in their discussions and the subsequent vote on the part of some of the jurors to increase the penalty constituted misconduct to the extent that this appellant has not received a fair and impartial trial.",Conclusion
"On July 8, 1960, order was entered revoking said probation upon the finding by the court that appellant ""has violated the terms of his adult probation heretofore accorded him, in that he has",Facts
The trial court erred in sustaining the state's objection and in excluding the proffered testimony.,Conclusion
"The deceased's wife, who was present, upon hearing the shot observed a gun in the appellant's hand and identified appellant the next day at a police lineup as the one who shot her husband.",Facts
"Scire facias, the citation, was issued and served on the sureties pursuant to the judgment nisi entered in Criminal District Court No. 2 of Tarrant County.",Rule/Law/Holding
Mrs. Jackson was accompanied by Doris Green.,Facts
The officer further testified that they found a large amount of medical instruments and material.,Facts
"“ ‘If there had been someone else in the car with the defendant, Judge Fletcher [appellant’s attorney] would have had him here.’ ”",Facts
The facts and circumstances in evidence are sufficient to warrant the jury's conclusion that the appellant possessed the barbituates as charged.,Analysis
"The charge contains the following: ""Before you can convict the defendant of the alleged offense, you must believe from the evidence beyond a reasonable doubt that Mrs. J.",Facts
"State, 352 S.W. 2d 747, we overruled a similar contention in holding that a prior federal narcotic conviction for a like offense could be used under Art. 63, supra, to enhance punishment for a violation of Art. 725b, supra.",Rule/Law/Holding
The evidence clearly shows that appellant bought a bottle of beer for the minor and caused him to partake thereof.,Facts
In submitting the issue of appellant's guilt to the jury the court instructed as follows:,Others
Appellant next insists that the court erred in admitting evidence of certain extraneous offenses concerning appellant which were not admissible to serve any pertinent issue in the case.,Issue
"Appellant further contends that the court erred in overruling his motion to quash the indictment on the ground that the alleged prior conviction for unlawfully acquiring marihuana without having paid the transfer tax, being for a violation of a federal regulatory statute, could not be used, under Art. 68, supra, to enhance a conviction for violation of the act. Art. 725b, supra, a prohibitory statute.",Issue
The presumption is that the trial judge ruled correctly when he declined to order a mistrial during the closing argument.,Analysis
A witness was also called who testified that on the morning after the shooting he found two empty .22 rifle cartridges in the yard at the deceased's home.,Facts
"The objections to the arguments set forth in these three bills were in substance that they were not supported by the evidence, were inflammatory and prejudicial, and were personal invective statements addressed to the attorneys for the defense which were calculated to injure the rights of the appellant.",Facts
The prior convictions were proved by certain prison records and comparison of finger prints in the manner which has been held sufficient by this Court.,Analysis
We find no statement,Conclusion
"It is concluded that the proof supports the allegation of ownership in Fred C. Edens, that ownership of the automobile was properly alleged in him and that there is no variance as the appellant contends.",Conclusion
Appellant contends in his brief that he was not notified of the filing of or hearing on this motion.,Issue
"The appellant's only objection to the introduction of these exhibits was that ""there is no predicate laid to show that they have any relevancy or materiality or competence in connection with the alleged offense on August 3, 1960.",Facts
That he had carried the pistol with him on his trip from Kentucky for his protection.,Facts
"Rudy A. Kirchner testified that he carried a personal account at the bank on which the check upon which this prosecution was based, as well as other checks introduced in evidence, were drawn; that he had ordered 200 personalized and numbered checks but that only 175 were delivered to him and that all the checks introduced in evidence, including the one passed to Chapa, bore numbers within the group of 25 checks which were not delivered to him.",Facts
Our prior opinion is withdrawn.,Others
Appellant’s application was made orally.,Facts
"He went to the barn to see the calf and on finding it already marked, he cut the ends of the calf's ears off which was his mark.",Facts
We have examined the record with care and fail to find any undisputed evidence which would render the confession inadmissible as a matter of law.,Analysis
I hope this note gets in the right hands.,Others
"He appealed to the county court, where the state's motion to dismiss the appeal because of a defective appeal bond was granted.",Facts
The jury found appellant sane on both issues of insanity and found him guilty as charged in the indictment and assessed his punishment at death.,Conclusion
"Appellant repudiated that portion of his confession in which he admitted going to her home and also, by his testimony, raised an issue as to the voluntary nature of the confession.",Facts
"The state introduced in evidence a written statement signed by the appellant on November 1, 1960, and it reads in part as follows:",Facts
The testimony was admitted by the court on the issue of appellant's intent in the transaction and in his charge the Court limited the jury's consideration of such testimony to solely the purpose for which it was admitted.,Facts
As a result Fryer remained in the hospital for two months and sustained permanent injury.,Facts
"Our prior opinion is withdrawn, and this one is adopted in lieu thereof.",Conclusion
"Nothing at all to connect those up and no proper predicate laid.""",Analysis
"Frank H. Fryer, the husband and injured party, testified: ""I frightened her because she thought I was gone"" and that after she made the statement ""Frank, don't kill me"" he said: ""I'm not going to kill you.",Facts
"The Appellant Graves testified that he and Appellant Jones, accompanied by two girls, went to the restaurant about 6 P.M.; that he had no intent and purpose of preventing Burleson from operating the restaurant, and that they were arrested about 8:30 P.M.",Facts
"The trial court refused to allow appellant to make such recognizance and ordered him confined to jail, pending his appeal from the revocation order entered by the court.",Facts
"The conviction is for burglary; the punishment, enhanced by two prior convictions for felonies less than capital, life imprisonment.",Facts
The court in its charge submitted the issue of the voluntary character of appellant's written statement to the jury.,Facts
"The judgment of conviction introduced in evidence shows such conviction to have been on the 17th day of February, 1961.",Facts
"The search was not made as an incident to the arrest of appellant for the offense of unlawfully carrying on or about her person a pistol, but as an incident to the search of the driver of the automobile in the investigation of the burglary or attempted burglary of the drug store.",Analysis
He stated that each time after appellant had been on top of the girl he told him that he had had an act of intercourse with her.,Facts
"The deceased was in the front seat of the latter car, opposite the driver, and was killed as a result of the collision between the two cars.",Facts
The vehicles were stopped for only four or five minutes.,Facts
"On cross-examination, when appellant was asked if he had any other explanation for having the guns in his car, he replied: ""I just happened to have the firearms, sir.""",Facts
"When asked: “What factors do you consider, how do you determine when a person is or is not drunk?,” appellant replied: “Well, I would consider it if he couldn’t walk, drive or anything like that, that he had had too much.”",Facts
The record before us contains no formal bills of exception and there are no objections to the court's charge.,Facts
"On cross-examination, Officer Trickett testified that police headquarters had received a call that appellant was ""after his wife with a gun.""",Facts
At such time the .22 rifle containing one fired cartridge was recovered from the tank.,Facts
We have examined the informal bills of exception appearing in the statement of facts and find no reversible error therein.,Conclusion
None of the sentences were cumulated.,Others
"Proof was offered of the making by the appellant, on July 17,1959, of a voluntary written statement to Deputy Sheriff McCurley pertaining to the offense charged and the boys involved in connection therewith which was introduced in evidence without objection.",Facts
"Sentence was pronounced on January 7, 1960, but its execution was suspended and he was granted probation.",Facts
The evidence shows a burglary of the house in question by someone.,Facts
"The record reflects that the affidavit was introduced in evidence by the state at the trial, and, as to relator, is inculpatory.",Facts
Appellant also admitted the transaction with Young in which the 3693 pounds of mohair was delivered to Young in fulfilling the contracts.,Facts
"On March 23, 1960, warrant was issued for appellant's arrest, by the Judge of the Juvenile Court, R. Nolan Moosa, in and for St. Landry Parish, upon affidavit being made that appellant had violated the conditions of his probation.",Facts
"Appellant's counsel had asked the witness to tell the jury how he knew that the persons referred to in the preceding bill were working for appellant, and the answer is shown to have been in response to such question.",Facts
"However, the state correctly contends that the court was not bound to set aside the conviction upon a showing after the trial and after probation had been granted and revoked, that appellant was of juvenile age and not 17, as he represented to the court at his trial.",Analysis
By formal Bill of Exception No. 2 appellant complains of the overruling of his amended motion for new trial based upon jury misconduct.,Facts
"In such cases, the accused became a de facto officer because his appointment was defective for some reason.",Rule/Law/Holding
The indictment appears to be sufficient and the trial court did not err in overruling appellant's motion to quash.,Conclusion
"The tracks of a man in front of the Oldsmobile leading toward the Hatcher residence were seen, but they disappeared at the driveway.",Facts
"However, the record does not show that the appellant was prejudiced by the service of the next juror on the list.",Facts
"Appellant gave his age as 17, pleaded guilty and testified that the allegations of the indictment were true, and the trial judge found him guilty and assessed his punishment at 8 years.",Facts
The jury by their verdict resolved the disputed issues against,Analysis
"The several hundred page glut which made up the record in this case was totally unnecessary; based on the one issue on appeal, a record several pages long was all that was required.",Others
"It was brought out on cross-examination that appellant told Johnson in the conversation that before he shot the deceased, the deceased had fired two shots at appellant with a gun.",Facts
"Under the record, we remain convinced that the issue of appellant’s execution of the bond was not raised by a proper plea of non est factum and that the court did not err in overruling the motion for new trial on such ground.",Analysis
Appelland and his wife testified that it was Hight and not appellant who lost his temper and was the aggressor throughout.,Facts
It is apparent from the above facts that the contention presents no error.,Analysis
The gates had been opened by the construction company and the highway was being used by the public.,Facts
"Patrick K. Duffy, the state's only witness, and foreman of the jury on the trial of the case, testified that he voted for the death penalty on the first ballot; that the Selby case was only mentioned when someone said: ""if [Selby] was in Houston he would have gotten the death penalty, and someone said they read in the newspaper that he could be eligible for parole in 8 or 10 years or something of that nature.""",Facts
"It is next contended that the evidence fails to show that the solicitation was made without the consent of the prosecuting witness, as charged in the indictment.",Issue
"She identified State's Exhibit No. 1 as being the check presented to her and testified that some two or three weeks later she attended a lineup at the Fort Worth police department, where she identified appellant from a group of six or seven men.",Facts
I would affirm the conviction.,Conclusion
"""Mr. Friloux: Your Honor, I don't think that is a proper question.",Others
This order was in direct contradiction to the representation,Facts
He offered his wife and another reputation witness.,Facts
The injured party testified that the property was taken without his consent and that the value of the jack-hammer was $200.,Facts
"When asked why she took the gun with her to the scene of the shooting, she testified: ""Other than being afraid of him I don't know.",Facts
Complaint is again made as to the service on appellant Martin.,Facts
"On cross-examination, appellant testified, without objection, that on January 27, 1959, he was convicted upon a plea of guilty in the same court of the burglary of another liquor store.",Facts
We shall discuss the contentions urged by appellant in his brief and in oral argument.,Others
The trial court was in error in holding that he was without authority to grant leave to file the motion for new trial or to grant such motion.,Conclusion
"He further testified that he did not see the deceased put his hand in Robert's pocket or rip the pocket off, and did not see any pistol on or near the deceased.",Facts
"We think that appellant's contention that the evidence is insufficient to corroborate the testimony of the two accomplices, Nations and Matthews, has merit.",Analysis
We find the evidence set forth above to show no abuse of discretion.,Conclusion
They were running up and down the hall and kicked on several of the doors.,Facts
"The conviction is for the possession of marijuana; the punishment, thirty-five years.",Facts
"472, 293 S.W. 2d 659, we said ""For the argument to offend against the statute, Art. 710, V.A.C.C.P., prohibiting allusion to or comment upon the failure of a defendant to testify, the language used must be looked to from the standpoint of the jury, and the implication that the language used had reference to the defendant's failure to testify must be a necessary one.",Rule/Law/Holding
"In view of the witness Horton's testimony without objection, that after the calf returned to the pasture he saw it sucking its mother, no error is presented.",Analysis
The state's testimony reflects the following:,Others
"It is also true that a trial judge is, in one sense, an interested party in a contempt proceeding.",Facts
Opinion approved by the court.,Others
"The notice of claim is not a pleading, neither is it a trap for the unwary.",Analysis
"No reversible error appearing, the judgment is affirmed.",Conclusion
Appellant was stopped and arrested by two city of Dallas police officers after they had observed the automobile he was driving weaving on a public street and drive across a parking lot near the street corner.,Facts
The questioning lasted approximately an hour.,Facts
"The following testimony was adduced by the state upon cross-examination of the witness, Billie Yvonne Coleman:",Facts
"When they turned a flashlight on him, appellant jumped up and started cursing loudly, using very vile language, and grabbed a .22 rifle.",Facts
The jury are the exclusive judges of the credibility of the witnesses and the weight to be given to their testimony.,Analysis
The judgment is affirmed.,Conclusion
The principal was charged by complaint in the justice court with robbery and required to give bond in the sum of $2500 for his appearance in the Criminal District Court of Tarrant County.,Facts
"Testimony was introduced, without objection, showing the search of the appellant and the finding of marijuana.",Facts
"While it is true that the arresting officer was the only witness for the state, his testimony needed no corroboration.",Analysis
"After the mother of the deceased had testified on direct examination and cross-examination, she was again questioned by the attorney for the state, Mr. Ernst, on re-direct examination, as follows:",Facts
The room into which Ruby was carried was that occupied by Blevins and Barton.,Facts
The proof further shows that appellant and his companions were arrested in El Paso on March 27 while seated in an automobile parked in front of a house at a certain address.,Facts
"The statement of facts filed in this cause constitutes the testimony adduced upon the hearing in the trial court on July 31,1961, and with the exception of four exhibits does not contain the testimony adduced upon the hearing of July 21.",Facts
"The girl, then, headed back hastily toward the corner.",Facts
That was just one of the points we based our judgment on.,Others
"M. Abramson, the owner of a salvage company, testified that on February 28, 1961, seven grease traps were taken from his possession without his permission or consent.",Facts
"Appellant was not tried for murder, negligent homicide or aggravated assault with a motor vehicle, but for failing to stop and render to the person struck and injured the aid of carrying him to a physician or surgeon for treatment.",Facts
The court submitted to the jury the issue of appellants' guilt of both murder with and without malice and of aggravated assault.,Facts
This Court held that failure to copy such words in the indictment did not create a variance.,Rule/Law/Holding
"J. W. Nowlin, a male 12 years of age, testified that on the night of July 23, 1961, he attended a show at the Roxy Theater in the City of San Angelo; that about 10 or 11 P.M., he left the theater, started home and first observed appellant near a post office; that appellant offered to take him home, but instead, took him out to a pasture near the Holiman School, stopped the automobile and proceeded to disrobe; that appellant made him remove his clothing and started ""messing"" with his private parts.",Facts
The District Court sees no reason why it should make a de novo decision on matters which were not fully briefed and presented before the Superior Court of Guam.,Analysis
He testified about prior troubles with some of Garza's kinsmen.,Facts
"Finding the evidence sufficient to sustain the conviction and no reversible error appearing, the judgment is affirmed.",Conclusion
"On the night in question, appellant drove into the service station where the prosecutrix’ husband was working on two occasions.",Facts
We remain of the opinion that the evidence is sufficient to sustain the conviction.,Conclusion
"""So long as the statute remains available to the State the threat of prosecutions of protected expression is a real and substantial one.",Analysis
"Virginia told him that Hadley wanted another girl to come up, and appellant ""said he would have another one right up there"".",Facts
"We are unable to agree that the evidence shows entrapment of appellant, as a matter of law, in commission of the offense.",Conclusion
"Appellant insists that the evidence is insufficient to sustain the conviction because it was not shown that he induced, enticed or encouraged the minor to go to the place where intoxicating liquor was sold as alleged in the information.",Issue
We climbed up the drain pipe.,Facts
The answer urging invalidity of the bond for the various reasons assigned did not constitute a plea of non est factum.,Analysis
"The offense is the possession of heroin; the punishment, 10 years.",Facts
There are no formal bills of exception or objections to the court's charge and no brief has been filed on behalf of appellants.,Facts
"While observing the house they saw several cars appear in front of the house, sound their horn, and the appellant go to each car and then return to the house.",Facts
"""Nor need the State aver in expressed terms that the act charged was ""˜unlawfully' done where the facts alleged clearly show it to be unlawful.""",Rule/Law/Holding
"We held in the' last cited case that proof that the defendant owned the truck involved in an accident was not evidence of an incriminating character which tended to connect him with the commission of the offense of failing to stop and render aid, and was insufficient to corroborate the testimony of an accomplice witness who testified he was the driver.",Rule/Law/Holding
In the conversation appellant drew a diagram on a piece of paper showing the location of the tank and where the gun would be found.,Facts
"The prosecuting witness, Joseph H. Hill, a used-car-dealer in the city of El Paso, testified that, on the date alleged, the appellant came to his place of business and negotiated with him for the purchase of a 1952 Hudson automobile; that in the transaction appellant signed and delivered a check to him in the amount of $175 drawn on the First State Bank of Abilene in which bank appellant represented he had an account; and that after delivering the check, appellant left with the automobile.",Facts
"E. Evans by the male organ of the defendant must be proved beyond a reasonable doubt.""",Analysis
"One of the attendants stated that appellant told him that he and Jerry ""had been with the girl"", and they both testified that when they suggested she be taken to a hospital, after their efforts to revive her had proved",Facts
Upon entering the house he found the dead body of the deceased lying on the bed.,Facts
What did he do with that place down there between your legs?,Facts
Appellant contends that the court erred in permitting Dr. Mason to testify concerning the blood sample and its analysis and to give his opinion based thereon.,Issue
"In the instant case, we feel that most of the statements made by the various witnesses in their testimony on the motion, for new trial constituted misstatements of law which no doubt caused the sentence imposed to be enhanced beyond what it would have been had the statements not been made.",Analysis
The conviction is for felony theft with a prior conviction for an offense of like character alleged for the purpose of enhancement,Facts
“The omission from the caption of any notice of intention to change the penalty renders the amending act inoperative.”,Rule/Law/Holding
"The prosecutrix, age sixteen, testified that the appellant was her father and that he had had sexual intercourse with her since she was 10 or 11 years of age, and that such acts, at times, were as frequent as twice a month including an act on or about April 2,1957 as alleged in the indictment.",Facts
1 and 3 recite that they were made in rebuttal to argument of the defense attorneys.,Facts
"Appellant, as a witness in his own behalf, testified that he had been president of the L. Schwartz Company since 1952 and in such capacity had over-all control and management of the company.",Facts
"After the appellant said: ""This is a holdup.",Facts
Appellant's remaining contention is that the court erred in admitting the evidence showing the insolvent financial condition of L. Schwartz Company and in refusing to withdraw such evidence from the jury's consideration and instruct them not to consider the same.,Facts
The next day she was too ill to attend school and stayed home.,Facts
"We have concluded that they do not, and a reversal of the conviction is necessarily called for.",Conclusion
"We held that the answer was in response to the question, probably invited, and in explanation of his attitude toward accused.",Analysis
They drove their victim's car to the side street and transferred to appellant's automobile.,Facts
"In rebuttal, the State called Jack Fussell, who testified that on January 13 he and appellant were drinking and riding around, that they turned off the road to Plantersville where they saw a small herd of cattle, that they were able to pen four of them, that later while a train was passing nearby they cut the gap and loaded the cattle into the truck which he was driving and then proceeded to the Houston Packing Company, where appellant sold the cattle for $570 and some cents, which he and appellant divided equally.",Facts
"In his motion for rehearing, appellant's counsel, who did not represent him in the trial of this case, earnestly requests this court to consider the alleged error made by the trial court in admitting the testimony by deposition of the witness Teddy Skelly.",Facts
The testimony then continued as follows:,Others
"The offense is carrying a pistol, the punishment, 60 days in jail and a fine of $25.00.",Facts
The judgment is reversed and the cause remanded.,Conclusion
This court held that the state could cross-examine him as to the mode and manner of committing the offense.,Rule/Law/Holding
"Officer Otis A. Anderson of the Houston Police Department testified that, on the night in question, he went to a certain place at 8827 La Porte Road where barbecue and intoxicating liquors were sold; that, when he first arrived, he remained outside in his automobile where he could see through a door inside the building; that, while seated in the automobile, he saw the appellant inside the building hand a bottle of beer to the minor named in the information, who thereupon put the bottle to his mouth and then placed it on the table where he was sitting.",Facts
The jury are the exclusive judges of the facts proved and the credibility of the witnesses and the weight to be given to the testimony.,Rule/Law/Holding
We overrule appellant's remaining contention that the court erred in failing to charge the jury on the law of entrapment.,Conclusion
"Appellant filed an amended answer October 21, but therein",Facts
"She was trying to get by me, scuffling, trying to get by me to go get something to drink from some of the neighbors.""",Facts
Appellant lived with his mother about one or one and one-half blocks from where the car was parked.,Facts
The owner and an employee of a drive-in-grocery in Dallas testified that on the night in question appellant and another man entered the store and at gun point robbed them of the contents of their wallets and the cash registers.,Facts
"This is an appeal from an order entered in the county court dismissing an appeal to that court from a conviction in the corporation court of the city of Henrietta, because of certain defects in the appeal bond.",Facts
He was not asked if they were the same shells brought to him at his fish market by the appellant.,Facts
"Both statements were introduced in evidence, certain incriminating portions being offered by the state and other portions of an exculpatory nature being offered by the appellant.",Facts
"The holding was that such testimony and argument offended the rule that whether warned or not, the silence of the defendant while under arrest cannot be used against him as a confession of the truth of statements made in his presence by his codefendants or anybody else.",Rule/Law/Holding
"""Where it clearly appears on the face of the evidence that evidence is not admissible for any purpose, the general objection will be deemed sufficient.""",Rule/Law/Holding
"J. Griffin, proprietor of the Riverside Inn, testified that on the evening of December 1st, 1960, he was introduced at his place of business to the appellant by Dude Landrum.",Facts
"He stated that Pelton said to appellant, ""Be sure and get it hard because it's no good .",Facts
"He further testified that any individual having a concentration of alcohol in excess of .15 percent would be intoxicated, and that this had been lowered to .10 percent by more recent study and tests.",Facts
"The allegation was insufficient to charge that appellant was in performance of an unlawful act. Appellant's exception to the second count of the indictment should have been, by the court, sustained.",Analysis
"The conviction is for incest; the punishment, ten years.",Facts
"The jury resolved the conflict in the evidence against appellant, and we find it sufficient to support the conviction.",Analysis
"The witness testified that he then mailed the check direct to the bank upon which it was 'drawn, that it was returned to him unpaid, and that he had never received any money for the automobile.",Facts
"Also, only unsworn representations of counsel were considered, with no attempt to hear legally admitted evidence.",Facts
It is concluded that the evidence is sufficient to sustain the jury's finding that the appellant drove an automobile upon a public street while intoxicated.,Conclusion
"There was a bullet hole in the right front fender, blood on the left door, and a man’s tracks leading from the left side away from the car.",Facts
"Appellant's confession made to County Attorney Jenson was introduced in evidence which reads, in part:",Facts
"The State contends that under the authority of these cases, and the very general objections made by appellant, no error is shown.",Analysis
We have considered the informal bills of exception contained in the statement of facts and find no reversible error therein.,Conclusion
The other two sacks were recovered from another store.,Facts
The legislature determined that a similar rationale did not exist for intentional wrong doing by government employees.,Analysis
"Subsequent to this ruling by the court and after the introduction of further testimony, appellant's counsel moved for a mistrial.",Facts
"an indictment charging the offense of robbery by assault, and his punishment assessed at confinement in the penitentiary for two years.",Facts
"Jobe further testified that the appellant and Brundrett put him in fear of bodily injury and his life, and that he did not consent to their taking the money.",Facts
"Upon being advised of the collision, Officer Edgar L. Smith, Jr., and his partner proceeded to the scene around 12:15 A.M. When they arrived, appellant was seated on the front seat of one of the automobiles on the passenger's side.",Facts
"The evidence shows that Dallas police officers, pursuant to a search warrant, entered an apartment in which appellant was present as a guest; that the apartment was rented by two girls, Billie Yvonne Coleman and Donnie Ray Stringfellow Ogle.",Facts
"Upon Mrs. Hartwell's refusal, Betty told her that Hartwell on repeated occasions had offered her money to ""go with him""; this Hartwell denied.",Facts
He presents this matter by an informal bill of exception and contends that the jury had already seen the seat covers and the court's instruction to disregard them could not cure the error.,Issue
"To sustain such allegation appellant interrogated the juror, but made no inquiry as to whether she ""visited or carried on a conversation"" with anyone, except that he brought out from the juror her testimony that there was no conversation about the case at all, and that she did not discuss the case with anyone while she was in the drug store.",Facts
"Appellant's last contention is that the court committed reversible error during the state's examination of the prosecuting witness, J. W. Donnell, with reference to his ownership and possession of the 4,000-acre tract when, upon objection being made by appellant, the court stated: ""Well, I believe it is general knowledge that he does have possession of it.""",Issue
And further contends that if he did convert said automobile the evidence fails to show that it occurred in El Paso County.,Issue
"The witness Goode testified, without dispute, that he and the other jurors voted by the secret code system; that they first determined appellant's guilt and then on the first ballot or so there was a rather wide variance in the verdict, some being for a suspended sentence, some up to several years, some up to life imprisonment, and two or three for the electric chair; that after this vote, and before a unanimous decision the jurors discussed what ""life in the penitentiary"" meant, and interpreted it as meaning confinement in the penitentiary for seven or eight years; and that the Selby murder case was mentioned.",Facts
"Four doctors testified concerning prosecutrix's unconscious condition as the result of having taken barbiturates and as to the tear in her vaginal tract, which reached as far as the anus, and stated that she had bled profusely therefrom.",Facts
The jury resolved the fact issues against the appellant.,Conclusion
"The conviction is for the felony offense of driving while intoxicated; the punishment, six months in jail and a fine of $500.",Facts
The opinion reversing the conviction is in conflict with Garland v.,Rule/Law/Holding
"We further think that the evidence is abundantly sufficient to support either theory of the state as to appellant's guilt, whether it be as a principal with his companions or as an individual offender.",Analysis
The evidence is deemed sufficient to sustain the allegations of the complaint and information.,Conclusion
"Sheriff Johnson testified that he found a boot heel and a shoe impression near the pen at Meineke's pasture, made a plaster cast of the same, later compared them with the shoes worn by appellant and found them to fit perfectly.",Facts
"As to the case at bar, the caption of the act gives notice that the purpose of the proposed enactment was to add a new article, define the offense, fix a penalty, provide for subsequent convictions, and for a conviction for desertion by leaving the state.",Facts
"Finding the evidence sufficient to support the conviction and no reversible error appearing, the judgment is affirmed.",Conclusion
Appellant contends that the evidence is insufficient to show a conversion of the automobile because he never at any time asserted claim to it which was adverse to the owner.,Issue
The evidence shown by the statement of facts is insufficient to sustain the conviction.,Analysis
"The appellant had also been a patron at the same lounge that evening, but it seems that he and the deceased, and the deceased's companion had had no conversation or any difficulties that evening.",Facts
"The offense is driving while intoxicated, a felony; the punishment, six months in jail and a fine of $500.00.",Facts
Opinion approved by the Court,Others
"She then went to get on the bicycle and ""ride out"".",Facts
", The .fact that, the shoes which appellant said he owned were produced and turned over to the .sheriff did not conduce to establish his guilt in the commission of the burglary.",Analysis
Appellant did not testify but called a man and his wife who lived near the deceased who testified that on the night of the shooting they heard two gun shots which appeared to come from the direction of the deceased's home.,Facts
"The first cause of action sounds in negligence, count one against defendant Taijeron and count two against defendant Aguigui.",Facts
Such a holding in nowise affects the validity of Subdivision (b) or any of the other civil provisions of the Election Code.,Analysis
"The witness expressed his opinion that, on such occasion, appellant was intoxicated.",Facts
"Our prior opinion dismissing' this appeal is withdrawn, along with the opinion on motion for rehearing, and the appeal is reinstated and is disposed of by this opinion.",Conclusion
"Thus there is no possibility of a Government Claims Action based on an intentional tort, and the plaintiff has not attempted to plead such a cause of action.",Analysis
which provides that the failure of the defendant to testify shall not be alluded to or commented upon by counsel in the cause.,Rule/Law/Holding
"On June 29, 1972, plaintiff filed its complaint against defendants on a guaranty instrument.",Facts
"In their conversation, appellant asked Glenda to marry him, talked about prostitution, told her ""you make good money at it"" and that ""he was a hustler of women.""",Facts
By their verdict the jury found appellant guilty of the offense of embezzlement as charged in the eighth count.,Facts
"The conviction is for negligent homicide in the second degree; the punishment, one year in jail.",Facts
"Under such record, no reversible error is shown.",Conclusion
"In view of our disposition of this case, we find it unnecessary to express an opinion upon the argument complained of by state's counsel.",Analysis
"Appellant did not testify or offer any evidence in his own behalf, and his sole contention on appeal is that the evidence is insufficient to prove ownership or the right of possession of the property taken in any person.",Facts
The evidence would appear to be admissible.,Analysis
"The offense is unlawfully carrying a pistol; the punishment, 180 days in jail.",Conclusion
Police officers investigated and saw a case of beer in the back of the truck.,Facts
"""* * * * jn instances in which there are two district courts, each having criminal jurisdiction, situated in the same county, and the legislative provision authorizing the transfer of cases from one to the other, it is too late on appeal to complain, as is done in the present case, that the trial is upon an indictment filed in one of the courts and the trial is had in the other.",Rule/Law/Holding
"When asked whom Mrs. Peveto struck Officer Hudson replied: ""She said he hit her and he (appellant) said she hit him.""",Facts
"The offense is assault with intent to murder; the punishment, seven years.",Conclusion
"Proof was offered of the prior conviction as alleged, and that the appellant was the same person so convicted.",Facts
"In the case at bar, the person of appellant was not searched and so the rule announced in Giacona has no application.",Analysis
The arrest sheet appears in the record as a part of appellant’s bill of exception and we observe nothing therein which would impeach the testimony of the witness for the state.,Analysis
"""When you and your family are on these highways driving you can't help but sometimes wonder if some drunk driver is going to hit you, run over you and kill you.""",Others
"There is a statement of facts with this record containing the jury argument of counsel, which will be more fully discussed hereafter.",Others
"The conviction is for robbery with firearms; the punishment, thirty-five years.",Facts
"While testifying, both Officers identified the appellant and the package which they testified he threw into the commode.",Facts
"He stated that in the conversation appellant asked Mrs. Wilhite for $150 to repay him for what he had spent for a lawyer and bondsman the previous day, and, after she stated she did not have the money, appellant stated to her: ""Well, will you come on out to the house and go to work * * * ?""",Facts
"The earliest, and the leading, case on this question is Allen v.",Others
The jury accepted the State's theory of the case and rejected that of appellant and we find the evidence sufficient to sustain their verdict.,Conclusion
"The prosecutrix and her two younger brothers slept in the same room, with her bed nearest to the house, and her older sister slept in a separate room in the trailer.",Facts
The trench coat missing from the automobile was found in the closet of appellant's room.,Facts
"The search warrant, if there was one, was not before the Court in Mapp.",Facts
"Judge McCleskey, Justice of the Peace of Precinct One, Place One, Lubbock County, testified that the City of Lubbock was located entirely within Precinct One of said county and",Facts
No brief has been filed in appellant’s behalf.,Facts
Appellant's remaining complaint is to certain jury argument of state's counsel.,Issue
"But appellant made no objection after the question was answered, and there is no showing as to why he chose to delay making his objection.",Analysis
"Acts done, statements and appearance of the participants, and other similar circumstances are all admissible as part of the res gestae when a witness narrates the events surrounding an offense.",Rule/Law/Holding
"The package, which contained six blue cellophane papers with a white powder in each of them, was introduced in evidence.",Facts
"""GENTLEMENS OF THE JURY:",Others
Three to five minutes later Mary Ann Keith arrived and solicited Hadley for a $25 date for sexual intercourse.,Facts
"The admission in evidence of appellant's oral statement to the arresting officer while under arrest, which was in the nature of a confession, was error and calls for a reversal of the conviction.",Conclusion
"While appellant held a pistol on their victim, she rifled the narcotics box and the cash register.",Facts
Our holding that the evidence relating to the search was properly before the court disposes of appellant's contention that without such evidence his motion for instructed verdict was improperly overruled.,Conclusion
"The record reflects that the information was not presented by the prosecuting attorney but was in the form of an affidavit by the affiant, who signed the complaint.",Facts
"State, 198 S.W. 2d 270, that the offense of theft from the person is not an included offense in the crime of robbery and that a court is without jurisdiction to try an accused for the offense of theft from the person under an",Rule/Law/Holding
"At this time, Brundrett filed a motion for a severance.",Facts
"On September 16, 1960, application for revocation was filed, alleging that on said day he did make an assault on Charles Hight and also that he committed an aggravated assault upon Morgan Fuller, who was a constable in the lawful discharge of the duties of his office.",Facts
He was supported in a measure by the testimony of a fellow painter and his employer.,Facts
It remained at the scene until after the bodies of the two boys were carried away by ambulance called by Don Wayne Langford.,Facts
"It was shown that, following his arrest, appellant made a written statement to the officers in which he confessed his guilt of the offense.",Facts
"Nothing further being presented for review, the judgment is affirmed.",Conclusion
Objections were made regarding the testimony concerning certain medicine and drugs given to the complaining witness.,Facts
The only bill of exception which merits discussion relates to the refusal of the court to require counsel for the state to allow appellant’s counsel to examine an arrest sheet or statement of a state witness for cross-examination purposes.,Analysis
Appellant's failure to object at the time the pistol was introduced in evidence waived any complaint of the search.,Analysis
She was discovered by the officers in a bruised and incoherent condition.,Facts
"The basis of this motion is that this cause of action for negligent hiring, training and supervision of the defendant employees is not within the scope of the claim filed by plaintiff, and thus barred.",Analysis
"The information alleges that, in exchange for $7 cash, the appellant, with fraudulent intent, gave the injured party a $17 check drawn on his bank account knowing at the time that he had insufficient funds in the account to pay the check and that the check was returned unpaid for that reason.",Facts
"We find no error in the instruction given by the court that would warrant a reversal under the provisions of Art. 666, V.A.C.C.P.",Conclusion
"The matter came for hearing on a motion to vacate sentence in the above-entitled Court before the Honorable Paul J. Abbate on March 19, 1980.",Facts
"The offense is the possession of equipment designed for use in the manufacture of an illicit beverage; the punishment, six months in jail and a fine of $100.00.",Facts
"There is nothing in the record showing that a brief has been filed in this Court, as required by the Rules of Civil Procedure.",Analysis
"First, he complains of and submits as error the action of the trial court in failing to instruct the jury relative to the application of the suspended sentence law.",Issue
The judgment rendered in effect upheld appellant's contention that he was entitled to acquittal if not found guilty of aggravated assault.,Conclusion
"It is the general rule that where the criminal intent originates in the mind of an accused, the fact that the officers furnish the opportunity for or aid the accused in the commission of a crime constitutes no defense to such a prosecution.",Rule/Law/Holding
Complaint is further made to the admission of appellant's confession in evidence over his objection that the proper predicate had not been laid.,Facts
Defendant maintains that this interpretation is in direct conflict with other provisions of the Government Code.,Facts
The application was granted and the venue changed to Wilbarger County.,Facts
The burden was upon the state to prove that the letter was written and sent.,Analysis
"There appears no reasonable and substantial classification of persons which justifies the imposition of a $25.00 fine upon peddlers, salesmen, and solicitors and a $200 fine upon all other persons for the same act.",Analysis
"The ""test"" and what happened in Lubbock where he went for a test and where the statement was written was shown by appellant's testimony and the testimony of other witnesses without objection.",Facts
The proof shows that said check was presented in the due course of business to the named bank and was returned unpaid because the account was closed at all times here in question.,Facts
"See 67 Corpus Juris Secundum, page 89, and cases annotated.",Rule/Law/Holding
"It is now shown by judgment duly entered in the Criminal District Court of Dallas County that appellant has been restored to sanity and, upon motion of the state, the cause is ordered reinstated upon the docket for further proceedings.",Facts
Two questions are presented for review.,Facts
"By a formal bill of exception, appellant brings forward two contentions.",Facts
Gee stated that it was his understanding and testified positively that the mohair was consigned to the company to be sold at the price mentioned and that he had never received any money for the mohair.,Facts
Appellant insists that the trial court erred in refusing to grant his motion for a severance.,Issue
Appellant was arrested some two months later by the police who had been looking for him.,Facts
"The conviction is for murder; the punishment, twenty-five years.",Facts
"In the investigation which ensued, appellant was questioned by the officers and, during the interrogation, made and signed two written statements.",Facts
The statement was a reasonable comment on the evidence and does not present error.,Conclusion
"The photographs taken by the officers were also introduced into evidence, without objection.",Facts
Appellant adduced no testimony other than his own.,Facts
"We object to the use of the word ""˜murder' and we * * *",Others
"Appellant testified and offered evidence from other witnesses to the effect that he consumed two “martinis” shortly before his arrest, but that he was not intoxicated.",Facts
We observe that all the affidavits attached to the state's answer are practically identical in length and in meaning.,Facts
"The record shows that certain designated portions of the written confession were read to the jury by the county attorney, the person to whom it was made.",Facts
"She stated that they left her place of employment in a convertible automobile and drove to another address in Houston, where they were joined by one Regina Landig and, as they were driving away, appellant, whom she did not know, jumped in the front seat, pushed Honey Bee over on her, took the wheel, and, in spite of her pleas to be returned to her place of employment,",Facts
Appellant was convicted in the Criminal District Court of Jefferson County of the offense of bookmaking and his punishment assessed at confinement in the penitentiary for a term of two years.,Facts
"The offense is assault with intent to murder with malice; the punishment, 8 years.",Conclusion
"During this time, Brundrett threatened to kill Jobe if he reached for a gun.",Facts
The prior convictions were stipulated.,Facts
"The photographs were admitted over the objection ""they don't add anything to the testimony which has already been testified to, they show the bruises and marks, they are inflammatory * * '.",Facts
"Further, the Act only covers negligent torts, and sovereign immunity is not waived for intentional wrongs of the employee.",Analysis
"After entering the apartment, they went to the bedroom where they saw the appellant and a female, Mabel Elizabeth Wells.",Facts
"Officer Wages testified that he observed the appellant staggering as he walked along a sidewalk adjoining a public street, and from six to ten feet away he called for the appellant to",Facts
"The record shows that, in proving the enhancement allegations of the indictment, the state was permitted by the court to introduce in evidence before the jury the indictment in the second prior alleged conviction, which contained an enhancement allegation of another prior conviction.",Facts
Appellant contends that the court erred in not permitting his counsel to ask Mrs. Williams whether or not she had an opinion as to whether appellant knew the difference between right and wrong.,Issue
"The conviction is for driving while intoxicated; the punishment, thirty days in jail and a fine of $50.",Facts
"She further testified that she told the officers that ""he must have backed into me"".",Facts
"In that case the officer saw blood extracted from Brown, who had been taken to the hospital for that purpose.",Facts
The witness further related that the shells had been in his possession since that time.,Facts
"""I cannot try this case to please these attorneys, Mr. Tucker and Mr. Cain, or any other defense attorneys.""",Others
"While it is true that the question of a mortgage was never discussed by the parties in open court, it seems very unlikely that any party would contemplate transferring over an interest in realty without an adequate security interest.",Analysis
The nude body of deceased was found lying on a bed in the room she occupied with appellant.,Facts
Appellant first insists that the evidence is insufficient because it does not show that he came into possession of the property by means of false representation or pretext.,Facts
"In view of the evidence and the court's instruction to the jury, no reversible error is shown.",Analysis
"We stopped several places to have a beer and we arrived in Anahuac, Texas, about 12:30 A.M. on Saturday, October 10, 1959.",Facts
The appellant did not testify or offer any evidence.,Facts
The evidence showing such financial condition of the company was admissible on the question of appellant's intent and motive in committing either the offense of theft or embezzlement of the mohair as charged in counts 5 and 8 of the indictment and which were submitted to the jury.,Analysis
"Mrs. Williams having testified that he lost consciousness and that ""he gets to where he doesn't know a thing.",Facts
"Observing that the man started the car without difficulty and drove away, the officer noted the license number and checked the drug store which he had been informed someone had attempted to break into a week or ten days before.",Facts
"The proceedings appear to be regular, and the judgment is affirmed.",Conclusion
The point of contact between the two cars occurred below the crest of a hill on the highway.,Facts
"For the reason stated, the judgment is reversed and the prosecution ordered dismissed.",Conclusion
"In view of the fact that the evidence shows that appellant was seated behind the steering wheel of the automobile shortly after it collided with the bridge and no other occupants were shown to have been in the automobile, the evidence is sufficient to show that appellant was the driver thereof.",Analysis
The court's instruction was sufficient to cure any error therein.,Analysis
"Oscar Davis testified that appellant accused him of breaking one of the windows in the cafe, that he denied his guilt, that Jimmy Ann offered to pay for the window, and appellant reached in his pocket, pulled out a pistol and shot the injured party.",Facts
"Briefly, Art. 602, as enacted by the Regular Session of the 56th Legislature, defines the offense of wilfully deserting, neglecting, or refusing to provide for the support and maintenance of a wife in necessitous circumstances and the offense by either parent of wilfully deserting, neglecting, or refusing to provide for the support and maintenance of a child or children under eighteen years of age.",Rule/Law/Holding
It is well settled that a conviction for theft by false pretext can be had upon such an indictment.,Analysis
"While there appears to be a conflict in consistency between the Claims Act and the Civil Procedure Code regarding jury trial, it does not appear so repugnant an inconsistency that the two provisions cannot stand together.",Analysis
"The information based on the complaint alleged that the offense was committed on or about the 4th day of March, 1961.",Facts
"This is an original application for a writ of habeas corpus brought by the relator John Leonard Lee, seeking his release from the Texas Prison System.",Facts
"To raise the issue that the appellant as surety did not sign the bond, the answer must contain an affirmative verified plea of non est factum.",Rule/Law/Holding
We think the chain of custody of the wine in question was,Others
"The record reflects that on March 11, 1960, appellant, while driving his automobile, was involved in an accident with another .vehicle driven by G.",Facts
"According to appellant, Mr. Jones and Harley Wingo were mistaken in their identification of him, and the officer's testimony as to his sitting on the curb with Robert Lopez, with the sack of money between them, was not true.",Facts
They testified that Agent Bland first left the automobile and walked in the direction of the intersection of Zarzamora and Guadalupe Streets,Facts
"Appellant stated that the first shot struck the animal in the gut and after it jumped the fence he fired the second shot, which killed the deer.",Facts
"The testimony of Officer Seale, of the city of Houston, shows that in response to a radio dispatch about 6:30 A.M., regarding a suspicious appearing parked automobile, he found the appellant seated in the automobile on a public street; and that the appellant told him that he was watching a nearby house in an effort to see a man from whom he had purchased a truck, and that ""he was out there to get his truck one way or another"".",Facts
"The injured party established the corpus delicti when she testified that she was robbed, that she was placed in fear of her life, and that a gun was used.",Facts
"The trial court instructed the jury to disregard the statement, but overruled appellant's motion that a mistrial be declared.",Facts
We think the indictment not vulnerable to the attack.,Analysis
"This is demonstrated by the further fact that the prima facie rule regarding the possession of more than a quart of liquor in a dry area was given to the jury, and there was no reference made to the prima facie rule regarding possession of alcoholic beverages such as beer.",Facts
"The witness Darden also testified that the driver was the only person in the speeding car; that he could not ""straight out come out and identify him as he went bythat appellant told him he was driving and he had some blood on his arm and forehead.",Facts
The judgment is reversed and the cause is remanded.,Conclusion
We do not think the 56th Legislature was laboring under such restriction.,Analysis
"Testifying in his own behalf, the appellant admitted having the pistol and the shotgun in his car.",Facts
The sole question presented us for review is the propriety of the trial judge's action in denying bail or recognizance pending the appeal from the trial court's order revoking probation.,Issue
A witness called by appellant corroborated his claim of non-intoxication and the defective condition of the brakes on the automobile he was driving.,Facts
"The evidence did not raise the issue of the involuntary character of the confession, hence no charge thereon was required.",Analysis
"His speech was thick, and at times ' it was incoherent.",Facts
Opinion approved by the Court.,Others
"He further stated that prior to this occurrence, he had consumed 10 or 12 bottle of beer, which was double the amount of which he normally partook and that he had never been convicted of a felony in this state or any other state.",Facts
"We do not deem it necessary to review the holding of this Court in Ex Parte Jonischkies, 88 Texas Cr.",Analysis
"The whisky, vodka and beer was introduced in evidence and it was stipulated that the area was dry.",Facts
"The operator of a nightwatching service in the city passed through this same side street shortly before midnight, or thereafter, and observed appellant standing by the side of a 1956 black Oldsmobile bearing license number RF 9234 and observed appellant's co-principal Joan Brock seated therein.",Facts
"The state, with the agreement of appellant, introduced in evidence certain testimony given by a witness, C.",Facts
The officer then expressed his opinion that the appellant was intoxicated.,Facts
"It was further alleged that several jurors then brought up the Selby murder case, about which they had read in the newspapers, to the effect that Selby was given life ""” which meant that he would serve only seven or eight years; that, after several hours of this type argument and the receipt of other testimony about the Selby case and other cases, it was this argument about what ""life"" meant that finally brought the ten jurors from a suspended sentence, or a short term, up to a life sentence.",Facts
"Appellant admitted having the transaction with the prosecuting witness, Gee, relative to his sale of the mohair to the company and testified that in the transaction the company purchased the mohair from Gee at a price of $1.10 and denied that the mohair was delivered to the company upon consignment.",Facts
"They also noticed a plastic vial on top of the headboard of the bed, and, when the appellant reached for the vial, Officer Chavez quickly moved to him and took possession of the vial.",Facts
"Immediately after this was said by Farris, Landrum and the appellant paid a deposit on the bottles containing the beer which they were drinking and left Griffin's establishment.",Facts
"The appellant, according to the testimony of the Lucios, had come with them from the Pan-American Night Club where he and Mary Lou had been dancing and drinking.",Facts
"Burnett and his wife testified that they were seated at their dining table in the apartment house in question on the day charged in the indictment and observed a 1952 De Soto automobile drive into the parking area at the rear of the building; that they observed it closely because Burnett's brother had an automobile of the same year and make; that two men, one of whom was appellant, got out of the automobile and walked toward the front of the apartment house.",Facts
"The deceased grabbed Robert by the shirt and while they were arguing and scuffling appellant told the deceased that ""If Robert owes you $5 I will pay it,"" then the proprietor ordered them to leave.",Facts
"Mr. Darden further testified that appellant said: ""Them people ought not to have been in the highway stopped,"" and he said ""They wasn't stopped, you was lowering the boom on them that appellant asked him to make a statement that the people were stopped.",Facts
"The conviction is for negligent homicide in the second degree; the punishment, two years in jail.",Facts
"However, it must be remembered that at the time of the May 11, 1977 deletion §6500.19 was already in effect.",Facts
"The testimony of the witness Auten reflects that he was an employee of the Department of Public Safety in the Intelligence Section and that during the months of October, November and December, 1960, while working undercover in Beaumont, he made various bets on horse races and football games at the Texas Club.",Facts
We have carefully reviewed and considered all of the testimony adduced and have set forth above all of the pertinent testimony that the state offered.,Analysis
"It is insisted that the trial court erred in admitting the evidence concerning appellant's attempt to bribe Officer Maddox, over his' objection that it was inflammatory and prejudicial.",Issue
No variance is presented.,Others
"The record reflects that while Officer Wagner was being questioned by the state's counsel on his direct examination, the following transpired:",Facts
"""* * * the term ""˜possession' as used in the definition of robbery has a somewhat broader meaning than as restricted in the statute relating to theft.",Rule/Law/Holding
"Clifford Gee, the injured party, testified that he talked to appellant around February 6, 1960, about selling his crop of mohair and told appellant that he wanted $1.11% gross or $1.10 net, per pound, for the grown mohair.",Facts
"Now, in order that I may understand you clearly, when you say he had his hand down there between your legs and catching ahold of it with his fingers, I will ask you whether or not you mean right between your legs where your legs join on your body?",Facts
"She testified further that she was with appellant when he was arrested at 4:00 A.M. in Sweetwater for the prior misdemeanor conviction of driving while intoxicated and that she paid the sheriff the fine at 2:00 P.M. on that same day, and that insofar as she knew appellant had not gone before a magistrate to enter a plea in such case.",Facts
"The November 26, 1979 Decision and Order of the Superior Court is vacated, and the Superior Court is ordered to schedule a hearing on the disqualification issue with full and adequate notice being given to counsel for both sides.",Facts
What was he catching ahold of down there?,Others
"There are no formal bills of exception, and an examination of the informal bills shows no error.",Facts
Several claims for reversal relate to the court's charge.,Facts
Appellant urges that this shows that he held the car at all times subject to and not adversely to Hertz.,Facts
Each of them positively identified appellant as one of the robbers and testified that they had picked the picture of appellant and his companion out of a group of pictures exhibited to them by the police shortly after the robbery.,Facts
After their arrest the two tires and tube Obtained from the injured party were recovered from the house by the officers.,Facts
"The testimony reflects that the deceased, John Farris, and his companion, R. D. Andrus, after spending several hours at the Electronic Lounge, were leaving at the time the lounge closed after midnight.",Facts
"""It is generally believed that one of the reasons the statute was enacted was to regulate the many businesses on Guam which have signs entirely in a language other than English or Chamorro that were reported to be advertising pornographic materials for sale.",Facts
"Testifying in his own behalf, appellant admitted driving his automobile on the occasion in question and admitted having consumed two beers prior to the collision, but denied that he was intoxicated.",Facts
The only dispute on any material issue was whether the appellant was driving his automobile at the time and place in question.,Issue
"State, supra, on motion for rehearing, after reviewing our decisions and the Federal Decisions we overruled a similar contention but made it plain that by such holding we did not condone any arbitrary disregard of the Constitutional mandate which imposes upon women as a class the inescapable duty of jury service.",Analysis
"""You are further instructed that if the deceased, Clyde Watson, immediately before the homicide, shot at the defendant, James H. Richardson, with a gun, then the law presumes the deceased, Clyde Watson designed to inflict an injury upon the defendant, James H. Richardson, causing death or serious bodily injury to the said James H.",Facts
"Without objection, the officer testified that they searched the premises, where they found the instruments and utensils later introduced into evidence as State's Exhibit Nos.",Facts
"The offense is the possession of whisky, vodka, gin and beer in a dry area for the purpose of sale; the punishment, a fine of $400.00.",Facts
"This Memorandum Order results from the December 27, 1979 hearing on Writ of Prohibition, in which counsel for all interested parties appeared.",Facts
Appellant's requested charge No. 1 would have instructed the jury that they could not convict appellant unless they found from the evidence that on the date in question appellant knew that women in the house were prostitutes and plying their trade at such location.,Facts
"If you will do this for me would you leave your front porch light on as an O K signal Wed-and Thurs evening ,_Thurs in case you don't get this in time for Wed.",Facts
The sole ground for reversal is the contention that the evidence is insufficient to sustain the conviction.,Issue
Officer Archie Williams testified that on the night in question he observed the appellant driving his automobile upon W. W. White Road in the City of San Antonio and after pursuing him for several blocks stopped him for speeding.,Facts
On cross-examination a photograph of the nude body of the deceased was exhibited to appellant and he was asked concerning various bruises shown by such photograph.,Facts
"No brief has been filed in appellant's behalf, and there are no formal bills of exception; no objections or exceptions relating to the court's charge and no informal bills of exception that merit discussion.",Facts
"In view of our disposition of this appeal, a statement of the facts will not be deemed necessary other than to state that formal Bill of Exception No. 2 recites that during the cross-examination of the prosecuting witness appellant developed that the witness had previously made a written statement to the police and district attorney concerning the offense on trial.",Analysis
"Finding the evidence sufficient to support the conviction and no reversible error appearing, the judgment is affirmed.,",Conclusion
"The court, in charging the jury on appellant's right of self defense, instructed in paragraph 10 of the charge as follows:",Facts
"The evidence further shows that after leaving El Paso appellant stopped for gas in Van Horn, tendered a check which was refused, and then left the automobile's new spare tire with the service station attendant when the attendant started to syphon the gasoline out of the tank.",Facts
"This is an appeal from an order entered in a habeas corpus proceeding by the Judge of the 142nd Judicial District Court of Midland County, remanding appellant to custody for extradition to the State of Nebraska.",Facts
We are aware of no authority supporting this claim of error and are cited to none.,Others
The Appellant Blevins was not a resident at the hotel but visited there frequently.,Facts
The undisputed evidence shows that appellant was driving an automobile upon a public highway and was involved in a collision with another automobile.,Facts
"There Bill of Exception No. 2 complained that Knox, one of the arresting officers, was permitted to testify that he asked the defendant Garland if he had anything to drink, and Garland replied: ""I have had a few social drinks.""",Facts
"The offense is aggravated assault with a motor vehicle; the punishment, a fine of $500.00 and 60 days confinement in jail.",Facts
He attributed the manner of his driving to the condition of the highway and of his automobile and admitted that he had urinated inside the court house but stated that he did so because the officers would not give him permission to go to the rest room.,Facts
"The evidence is amply sufficient to support the jury's verdict, and no benefit would be derived from a summation of the evidence as given by each individual witness.",Analysis
"No objections were made to the court's charge, and no requested charges were presented.",Facts
The record shows that appellant filed a written motion before the indictment was read and before he was asked for his plea which was presented to and overruled by the trial judge.,Facts
"Jimmy Ann Davis testified that she was at appellant’s cafe on the night in question and that an argument erupted between appellant and one Oscar Davis, who was with her; that she sought to placate the men but that, in spite of her efforts, appellant cursed her, pulled out a pistol and shot at her twice, one bullet penetrating her stomach.",Facts
These twenty sacks were recovered and returned to Coplin.,Facts
"By brief and oral argument, appellant’s very able counsel urges his contentions.",Facts
The appellant and Brundrett took $8 in money from Jobe's billfold and about $150 from the cash register and safe.,Facts
"The officers walked up to the truck, looked in, and found “a load of cased wine and stuff,” being “fifteen cases of wine, ten cases of quart beer, and about ten half-pints of whisky in a paper sack.”",Facts
"Testifying in his own behalf, the appellant stated that because of cars already parked at the curb he parked his car a short distance from the curb, entered the lounge, drank a few beers",Facts
"Dr. Mason was then further examined and thereafter was permitted to read to the jury the information that was contained on the outside of the specimen, over the objection: ""Your Honor, again I would like to object to the improper predicate being laid and hearsay testimony.""",Facts
"However, the rule in this Court has been well established that the testimony of an accomplice witness together with the confession of the accused is sufficient to establish the corpus delicti.",Rule/Law/Holding
The evidence clearly shows that appellant obtained possession of the automobile from the prosecuting witness by the giving of a worthless check.,Facts
The jury accepted the state's version of the facts and the evidence sustains its verdict.,Analysis
"They immediately purchased two new suits of clothes with bills of large denomination, and some jewelry; took a bath, changed clothes, and stated that they were on their way to Houston.",Facts
The judgment final recites that the appellants appeared in person and each announced ready for trial.,Facts
"Though false imprisonment is a lesser included offense to kidnapping under the terms of Article 695, V.A.C.C.P., the necessity for such a charge has been decided adversely to appellant's contention in Daywood v.",Analysis
There is no showing that anyone other than the officers ever had the wine in custody.,Facts
The evidence is sufficient to support the conviction of the appellant as charged.,Conclusion
"Appellant insists that the court erred in overruling his motion to quash the indictment on the ground that there were no women on the Grand Jury which returned the indictment against him and because women had, except in the years 1955 and 1956, been systematically and deliberately excluded from Grand Jury service in Uvalde County since November 19, 1954, the effective date of the amendment of Article XVI, Section 19 of the Constitution of the State of Texas making women eligible for jury service in this State.",Issue
We overrule appellant’s contention that “proper predicate has not been laid.”,Conclusion
She was questioned more fully as follows:,Facts
"""Dear neighbor: This may be a peculiar way of doing things but then we live in peculiar times, don't we.",Others
"When Robert moved back from the deceased, a bystander told appellant, who was still waving his gun, not to shoot the deceased, and appellant replied, ""You hush, because I will shoot you too,"" and then appellant shot the deceased, and after the deceased had turned and was walking away, the appellant again shot him.",Facts
"We are cited no authority on this question and are ""˜aware of none.",Others
"Its only possible use, apparent to us, is to inflict injury and is the type that would be fabricated and carried by one planning to engage in an assault upon another person.",Analysis
"In the transaction appellant and his companions used a Gulf Company Credit Card which had been issued to Lewter Feed Lots Company of Lubbock from which an invoice for the purchase was made and the name ""Joe Trussell"" was signed thereto by appellant.",Facts
It is contended that the arrest of appellant was unlawful and the evidence relating thereto and to the recovery of the fruits of the robbery was improperly admitted.,Issue
A similar contention was before this Court in Hildebrand v.,Facts
Appellant also filed what he termed an “Exception Record.”,Facts
"The conduct complained of is that during their deliberations, the jury received new evidence in the form of a discussion about a film on sex deviation which was recently shown by the local PTA and the remark of one juror that he knew a prominent citizen of the community who was generally known as a sex deviate, but that such could not be proved.",Facts
"The state's evidence shows that the injured party, Troy Fountain, was foreman on a bridge construction job for the Texas Highway Department in Brown County.",Facts
"The sign was described as some 6 feet tall, including the post, the face of the sign being about three feet tall and around eight inches wide.",Facts
"I came back through and asked her again to get up and she said, ""˜No, I am still sick.' I asked her if she wanted anything, and she said, ""˜No.' I went out there and it started getting dark and we couldn't see to play dominoes, so I come in the house and her feet was on the other side of the bed and she was about halfway under the bed and I pulled my shirt off and told her, I said, ""˜Well, I might as well go to bed, you are no company to me today,' I said, T might as well go to bed and forget about enjoying your company,' and she didn't say, she didn't answer me, so I reached down in the ice box, got me a glass of water and ate a bite of celery and some beans and stood there nibbling on some cheese and shut the box and turned around to her and said, ""˜Get up, now, let's get in bed,' and she didn't answer, * * * .""",Facts
"In the normal course of business dealings, a mortgage or some similar security interest would be expected, and it is the opinion of this Court that granting a mortgage in favor of the defendants would do less violence to the intention of the parties, while at the same time protecting defendant's equitable interests in the property which it was conveying.",Analysis
"Appellant's wife testified that appellant had ""several beers"" on the afternoon in question and that he ran into the tank truck because he did not see it, but that appellant was not intoxicated and did not appear ""in his normal rational state of mind"" while at the hospital.",Facts
"On July 25, 1960 Jimmy Martin, as surety, signed an instrument which recited that he waived the issuance and service upon him of the scire facias and entered his appearance in said cause for all purpose.",Facts
Requested charge No. 4 would have instructed the jury to acquit appellant unless they found that on the date in question an occupant of the house did engage in acts of illegal sexual intercourse.,Facts
This review is limited to determining whether the trial judge abused his discretion in revoking probation.,Issue
"The court excused said juror and gave the appellant further opportunity to exercise his challenges on the jury list, which he refused to do, after which the next juror on the list was taken.",Facts
The prior convictions were established.,Facts
"Appellant argues with much force that her possession of heroin, shown by the state's evidence, was only such as necessarily resulted from her accommodation of Armstrong in its purchase.",Facts
"The Government of Guam must use the least restrictive means that would accomplish the legislative purpose of Bill 754 (15th Guam Legislature, 1979 First Regular Session).",Facts
"It was further stipulated and agreed that had appellants been permitted to ask the prosecutrix on this trial if she was a virgin at the time of the offenses alleged, she would have testified that she was not.",Facts
"1392 and 1393 defining ""entry"" and 1394 defining ""breaking"".",Others
"She stated that the boys ""grabbed"" her; that ""they were all around;"" that Daniel Ramerez grabbed and pulled her to ""the room,"" and that the boys started tearing her slacks and panties.",Facts
The facts upon which the trial court revoked appellant's probation are shown by his admission that the allegations of the motion to revoke were true.,Facts
"While these bills set out the language of which the appellant complains, they are but isolated, one sentence statements, and do not show in what context they were used.",Analysis
The prior convictions alleged were proved and admitted.,Facts
"Agent Bland, they went to the home of Edward Tafolla, who was at the time acting as a special employee of the Bureau of Narcotics and the San Antonio police, searched him, gave him $10.00, and carried him to a point in the city where they parked the government automobile in which they were traveling.",Facts
"She knew she had done wrong by getting drunk that morning and starting again.""",Facts
"The governor's executive warrant recites that it has been made known to him by the governor of the State of Louisiana that appellant ""having been tried, convicted and sentenced for the crime of criminal neglect of family, has violated his probation committed in said State and that said defendant has taken refuge in the State of Texas * * * .""",Facts
"After the indictment had been returned against the appellant in this cause, he and his counsel appeared in said court and appellant filed his application for a change of venue.",Facts
"Shortly after midnight, appellant called the Wilhite home, asking for Glenda, and it was then discovered that she was missing.",Facts
"The Court finds that the intent of the Legislature was to include Guam Memorial Hospital within the statutory scheme of that act.""",Analysis
We find the evidence sufficient to sustain the conviction and overrule appellant's contention that there was a fatal variance between the allegation and proof of embezzlement and that under the evidence appellant could not be guilty of embezzlement of the mohair but only guilty of embezzlement of the money derived from the sale thereof.,Conclusion
Appellant reurges certain points of error that were answered in our original opinion and we do not deem it necessary to discuss them further.,Analysis
"A padlock was also found in the pickup, which was identified by the injured party as having come from his gasoline tank.",Facts
"We are unable to conclude that the pictures were not admissible as shedding light upon those issues.""",Analysis
""" ""˜So the addition of words, letters, or figures which do not affect the sense will not vitiate the indictment; nor will the omission thereof.",Rule/Law/Holding
"The testimony of Officer Leavelle shows that he gave the appellant the statutory warning before the appellant made the written statement to him, and that the appellant read the statement and then signed it.",Facts