Brooks v. State, 38890
| Citation | 399 S.W.2d 357 |
| Decision Date | 19 January 1966 |
| Docket Number | No. 38890,38890 |
| Parties | Charles Wallace BROOKS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Adelfa B. Callejo, Dallas (on appeal only), for appellant.
Henry Wade, Dist. Atty., John Vance, Tom Reese and W. John Allison, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The appellant was convicted for assault with intent to rape, and his punishment was assessed at thirty-five years.
The prosecutrix testified that while she was asleep about 12:30 A.M., in her bedroom with the door locked, she was awakened by a noise at the door of her bedroom which she, at the time, thought was caused by the suction fan in the apartment house; that shortly thereafter the appellant broke the door lock and entered her room; and by the light from the hall she recognized the man entering her room as being the appellant who was known to her as Jack Scholl or Jack Scholts and who had two or three days previously rented a room in the same building. When the appellant came through the door the prosecutrix began screaming, and appellant leaped upon her body, grabbed her by the throat with one hand and put the other over her mouth. The prosecutrix heard another roomer come out into the hall but she was unable to say anything before the roomer returned to her room. Appellant told the prosecutrix not to make a sound or he would kill her, and when he told her he wanted to have intercourse, she would not consent, and begged him not to bother her, but he continued the pressure on her throat with one hand as he undressed himself with the other, and he then made her pull off her panties, and while between her legs he grabbed her left breast, telling her to 'put it in,' and she said she couldn't because she was too small. Under the ruse of getting a lubricant from the dresser, he held her as she went to the dresser where he slackened his grip and she jerked the door open and ran into the hall screaming. The appellant, nude, overtook her, knocked her down and beat her on the head, and when a nearby roomer began opening her door, the appellant returned to the prosecutrix's room. From the roomer's window the prosecutrix screamed for help, and shortly another roomer came. In a brief time they saw the appellant leaving prosecutrix's room. The police soon arrived and were given a description of the appellant and the prosecutrix was taken to the hospital.
One of the roomers testified that she was awakened by a woman screaming, and when she opened the door she saw the prosecutrix in the hall and the prosecutrix was screaming; and in a short time the witness saw the appellant leave the prosecutrix's room, and while testifying she identified the appellant as the man who had rented a room two or three days before; that there was blood on the sheets in prosecutrix's room, and also blood on the door and walls of the other apartment.
The investigating officer, who saw the prosecutrix at the scene, testified that she was distraught and nervous, had blood on her, and had been injured on the head.
The appellant was apprehended about 3:30 A.M., July 14, while asleep in another person's automobile after the owner of the car had called the police. This occurred July 14, following the offense allegedly committed in this case on July 10.
The written statement of the appellant which was made in accordance with the statutory provisions applicable thereto was introduced in evidence and it reads in part as follows:
The appellant did not testify but called the state's attorney trying the case as a witness and then appellant's counsel testified. He sought to prove by the state's attorney that he had information in his file showing that the appellant had twice been confined in a mental institution but this was denied. The state's attorney exhibited Dr. Holbrook's report in which he stated, 'I feel that he (appellant) does have some recognition of right from wrong, right and wrong,' and that appellant would not...
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Taylor v. State
...no objection as to voluntariness is made, and no request is made to submit the question to the jury, no error is shown. Brooks v. State, Tex.Cr.App., 399 S.W.2d 357; Hintz v. State, Tex.Cr.App., 396 S.W.2d 411; Johnson v. State, 169 Tex.Cr.R. 612, 336 S.W.2d 175, cert. denied, 364 U.S. 927,......
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Harris v. State
...when No objection as to voluntariness is made, and No request made to submit the question to the jury, no error is shown. Brooks v. State, Tex.Cr.App., 399 S.W.2d 357; Hintz v. State, Tex.Cr.App., 396 S.W.2d 411; Johnson v. State, 169 Tex.Cr.R. 612, 336 S.W.2d 175, cert. denied, 364 U.S. 92......
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Brooks v. State of Texas
...to examine this Defendant? "MR. WINDHAM: This morning was the first time." However, as the Texas Court of Criminal Appeals stated, 399 S.W.2d at 359, "No written motions were made for a continuance as required by Finally, in desperation, appointed counsel called the prosecuting attorney to ......
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Jackson v. State
...court reporter shall take shorthand notes of all trial proceedings. Taylor v. State, Tex.Cr.App., 489 S.W.2d 890 (1973); 1 Brooks v. State, Tex.Cr.App., 399 S.W.2d 357; Hintz v. State, Tex.Cr.App., 396 S.W.2d 411; Johnson v. State, 169 Tex.Cr.R. 612, 336 S.W.2d 175, cert. denied, 364 U.S. 9......