Bacon v. State, 22864.
| Decision Date | 11 October 1944 |
| Docket Number | No. 22864.,22864. |
| Citation | 183 S.W.2d 177 |
| Parties | BACON v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Denton County; B. W. Boyd, Judge.
Ab Bacon was convicted for robbery by assault, and he appeals.
Affirmed.
W. C. Boyd, Fred H. Minor, and Brent C. Jackson, all of Denton, for appellant.
Ernest S. Goens, State's Atty., of Austin, for the State.
Conviction is for robbery by assault, punishment being five years in the penitentiary. The indictment charged that appellant robbed Fred Crawford of $436.
Robert Chastain was separately indicted for the same offense. Appellant filed a motion for severance asking that Chastain be tried first. The motion was granted; Chastain was tried and acquitted, and appellant used him as a witness in the present trial.
Upon the trial appellant sought to prove the fact of Chastain's acquittal. It is well established as a general rule that upon the trial of one charged with crime it is not permissible to show that another jointly or separately indicted for the same offense has been convicted or acquitted. Wharton's Crim. Evidence, 11 Ed., Vol. 2, p. 1216, Sec. 724; 22 C.J.S., Criminal Law, § 784, p. 1334; Giles v. State, 109 Tex.Cr. R. 234, 4 S.W.2d 66; Bell v. State, 33 Tex. Cr.R. 163, 25 S.W. 769; Harper v. State, 11 Tex.App. 1; Walding v. State, 135 Tex. Cr.R. 430, 120 S.W.2d 1052. Cited in the notes under the sections in the text books will be found many cases from other jurisdictions supporting the principal announced in the Texas cases (supra).
It is not necessary to detail the facts. If the jury had accepted the evidence presented by appellant it would have resulted in an acquittal. The State's evidence supports the verdict.
The judgment is affirmed.
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...assessed punishment of 12 years. In Walker v. State, Tex.Cr.App., 530 S.W.2d 572, the Court quoted the following from Bacon v. State, 147 Tex.Cr.R. 605, 183 S.W.2d 177: "... It is well established as a general rule that upon the trial of one charged with crime it is not permissible to show ......
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Weathersby v. State
...was also proven, without objection, that appellant's codefendant had been convicted of this offense, (in violation of Bacon v. State, 147 Tex.Cr.R. 605, 183 S.W.2d 177) and this was repeated in jury argument (in violation of Bailey v. State, Tex.Cr.App., 531 S.W.2d 628). Also, an improper q......
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Thomas v. United States, 11829.
...161 S.W. 99; Gonzales v. State, 88 Tex.Cr.R. 248, 226 S. W. 405; Walding v. State, 135 Tex.Cr. R. 430, 120 S.W.2d 1052; Bacon v. State, 147 Tex.Cr.R. 605, 183 S.W.2d 177. ...