Abrego v. State
| Decision Date | 07 May 1952 |
| Docket Number | No. 25840,25840 |
| Parties | ABREGO v. STATE. |
| Court | Texas Court of Criminal Appeals |
Trout & Jones, Charles B. Jones, Lubbock, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
WOODLEY, Commissioner.
The conviction is for murder under Art. 802c of Vernon's Ann.Penal Code; the punishment, 5 years in the penitentiary.
The state's evidence shows that appellant was intoxicated and drove his Nash automobile on a public highway in Lubbock County; that while so doing he drove on his left side of the center of the highway and side-swiped a car driven by Mr. Robertson, then while still on his wrong side, crashed head-on into an automobile referred to in the testimony as 'the Sheriff's car' thereby causing the death of one of its occupants, B. F. Forrester, a deputy sheriff.
Appellant testified to having consumed only two small drinks of whisky prior to the collision. An analysis of a specimen of his blood revealed the presence of 1.9 milligrams of alcohol per cubic centimeter or .19%.
There are 3 bills of exception.
Bill No. 1 relates to the admission of testimony concerning the analysis of a sample of blood and the results of such analysis, it being contended that the specimen analyzed was not shown to be the identical blood taken from appellant's body.
Police officer Stewart testified that he was present when the blood was taken from appellant and placed in the test tube which was identified and offered in evidence as Exhibit 3; that he kept the test tube in his possession until he mailed it to the Department of Public Safety at Austin; that the tube was sealed in his presence; that the tube had yellow tape on the top and he identified it by this tape as well as by the writing on the outside of the tube. Police officer McInroe testified that he helped prepare the form and test tube which was sent to Austin, and sealed the tube. He identified Exhibit 3 as the tube he sealed and prepared for mailing. Mr. Chastain, chemist for the Texas Department of Public Safety, testified that he broke the seal on Exhibit 3 and made the analysis of the sample of blood contained therein after receiving the tube through the mail.
We are unable to agree that the trial court erred in permitting the witness Chastain to testify as to the results of the analysis upon the basis of the foregoing identification.
Bill No. 2 is directed to the same testimony, the objection being that the defendant had sustained...
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