Adame v. State, 36190
| Decision Date | 20 November 1963 |
| Docket Number | No. 36190,36190 |
| Parties | Ramon ADAME, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
No attorney for appellant on appeal.
R. L. Lattimore, Dist. Atty., Oscar B. McInnis, Asst. Dist. Atty., Edinburg, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for burglary; the punishment, twelve years, enhanced under Art. 62, Vernon's Ann.P.C., by virtue of a prior conviction for an offense of like character.
The state's evidence shows that W. B. Russell, the injured party, lived some four miles north of Weslaco in Hidalgo County. On December 22, 1962, Russell left home with his family around 11 o'clock, a. m., and went to Harlingen Christmas shopping. Ujpon returning home at 6 o'clock, p. m., they discovered certain items of property missing from the house, including a record player, some records, a fifth of Scotch whisky, and part of a canister set. An investigation revealed that entry into the house had been gained by removing a screen and raising a window. The next day a clothes hamper was also found to be missing from the house.
The state's proof further shows that on December 29, 1962, officers armed with a search warrant went to a house owned and occupied by the appellant, a mile south of Donna, to search for stolen property. The house was referred to in the testimony as a four-room house 'twenty by twenty.' In their search the officers found in the house, among other items of stolen property, the record player, clothes hamper, and part of the canister set which had been stolen from the Russell home.
At the time of the search, the appellant, his brother, Clemente Adame, and his mother, Felipa Resendiz, who all lived in the house, were present. Four or five children were also present. While the officers were in the house looking for the stolen property, appellant stated to his mother, on more than one occasion: 'Don't tell them nothing; let them look,' and when asked about the stolen property found in the house he would not answer. During the search, appellant's mother on one occasion stated to the officers, in appellant's presence, that it was he who brought the stolen property to the house.
Proof was made of the prior conviction, as alleged.
Testifying as a witness in his own behalf, appellant admitted having been previously convicted of the offense of burglary but denied that he entered and burglarized the house in question.
Clemente Adame, the appellant's brother, called as a witness by him, testified that it was he who burglarized the Russell home and that appellant did not participate in the burglary. Clemente admitted that he had previously told the officers it was the appellant who committed the burglary but repudiated such statement upon the trial.
The record presents no formal bills of exception, and there...
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State v. Smith, A--1092
...denying further delay of the trial, based upon all the circumstances herein as revealed by the record before us. See Adame v. State, 372 S.W.2d 545 (Tex.Ct.Crim.App.1963). The judgment of conviction is ...
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Hall v. State, 42302
...alibi. The jury by their verdict rejected appellant's defense and we find the evidence sufficient to support the verdict. Adame v. State, Tex.Cr.App., 372 S.W.2d 545; Sharp v. State, Tex.Cr.App., 421 S.W.2d 663; 4 Branch's Ann.P.C., 2nd ed., Sec. 2537, p. Ground of error #3 is overruled. In......
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Ward v. State, 57762
...is sufficient to sustain a conviction for burglary. Bernadett v. State, 166 Tex.Cr.R. 621, 317 S.W.2d 747 (1958); Adame v. State, 372 S.W.2d 545 (Tex.Cr.App.1963); Williams v. State, 504 S.W.2d 477 (Tex.Cr.App.1974); Hester v. State, 544 S.W.2d 129 (Tex.Cr.App.1976); Texas Digest, Vol. 6A, ......
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Ysasaga v. State
...a conviction for theft of such property, and for the burglary of the house out of which the property was stolen. See Adame v. State, Tex.Cr.App., 372 S.W.2d 545; Sharp v. State, Tex.Cr.App., 421 S.W.2d 663; 4 Branch's Ann.P.C., 2d ed., Sec. 2537, p. Buckman and Faulkner, Lubbock County farm......