Sowell v. State
| Citation | 503 S.W.2d 793 |
| Decision Date | 09 January 1974 |
| Docket Number | No. 47985,47985 |
| Parties | Jimmie Ruth SOWELL, Appellant, v. The STATE of Texas, Appellee. |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
John E. Cahoon, Sr., Houston, for appellant.
Carol S. Vance, Dist. Atty., James C. Brough and Neil McKay, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.
This is an appeal from a conviction for murder with malice wherein the punishment was assessed at fifteen (15) years.
The record reflects that the appellant waived trial by jury and entered a plea of nolo contendere, which was accepted by the court after appellant was duly admonished.
The indictment alleged that on January 5, 1971, the appellant did with malice aforethought kill Ken Dell Sowell by choking and strangling him with a belt. The record reflects that the deceased was the stepson of the appellant.
Appellant's three grounds of error challenge the sufficiency of the evidence to sustain her conviction.
James Herbert Sowell, Jr., father of the deceased, testified that he was married to the appellant until May of 1971. Sowell further testified that after returning from work on January 5, 1971, he found that his son was not at home. After making several inquiries, Sowell called the Harris County Sheriff's office and a search for the seven year old boy ensued.
On the evening of January 8, 1971, appellant was being questioned by Captain William W. Fisher of the Sheriff's office concerning the whereabouts of her stepson when the appellant stated that Ken Dell Sowell was alive and at a hunting trailer located in San Jacinto County. After directing Fisher to the site, the appellant stated that she had strangled Ken Dell in Houston and led the officer to a shallow grave where the deceased was buried.
Dr. Jachimczyk, Chief Medical Examiner for Harris County, testified that an examination of the deceased's body revealed, among other things, a depressed groove of 1/2 inch in diameter completely encircling the neck with an imprint under the tip of one ear similar to that of a belt buckle. The witness further noted contusions on the left forearm, left elbow and left wrist. Doctor Jachimczyk further testified that in his opinion Ken Dell Sowell died of suffocation due to ligature strangulation, which could have resulted from a man's belt. The witness further testified that pressure and strangulation would have to be applied constantly for three to five minutes to cause death.
The appellant testified that her marriage to the deceased's father was one marred by beatings, several separations and a previous divorce resulting from, among other things, her correction of the deceased. Appellant further testified that after attempting to whip the deceased with a belt in an effort to force him to eat his breakfast before departing for school on the date of the offense, the deceased grabbed the belt and struggle ensued. Her next remembrance was the deceased lying motionless on the floor. Immediately thereafter, appe...
To continue reading
Request your trial
-
Morgan v. State
...Fierro v. State, 437 S.W.2d 833 (Tex.Cr.App.1969); Lucero v. State, 502 S.W.2d 750, 752 (Tex.Cr.App.1973); Sowell v. State, 503 S.W.2d 793 (Tex.Cr.App.1974); Fleet v. State, 607 S.W.2d 257 (Tex.Cr.App.1979); Lawrence v. State, 626 S.W.2d 56 (Tex.Cr.App.1982); Snyder v. State, 629 S.W.2d 930......
-
Brown v. State
...or pleas of nolo contendere, in which there has been a plea bargain accepted by the trial court. 2 See Article 27.02(6), V.A.C.C.P., Sowell v. State, 503 S.W.2d 793, 795 (Tex.Cr.App.1974) and Lucero v. State, 502 S.W.2d 750, 752 (Tex.Cr.App.1973). Secondly, an erroneous ruling on a motion t......
-
Pinson v. State
...same as a guilty plea insofar as criminal prosecution is concerned in Texas. See Article 27.02, Vernon's Ann.C.C.P.; Sowell v. State, 503 S.W.2d 793 (Tex.Cr.App.1974); Lucero v. State, 502 S.W.2d 750 Since this record does not reflect an affirmative showing that the nolo contendere plea was......
-
Brown v. State
...conclusion that he intended to kill the deceased." Phillips v. State, 216 S.W.2d 213, 214 (Tex.Crim.App.1949). See Sowell v. State, 503 S.W.2d 793, 795 (Tex.Crim.App.1974). There is no evidence to support an inference other than the guilt of Brown. See Denby v. State, 654 S.W.2d 457, 464 (T......