Banks v. State

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Citation471 S.W.2d 811
Docket NumberNo. 44034,44034
PartiesCurtis Arthur BANKS, Appellant, v. The STATE of Texas, Appellee.
Decision Date16 September 1971

James P. Finstrom, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., W. T. Westmoreland, Jr., Edgar A. Mason, Robert T. Baskett and James S. Moss, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


ONION, Presiding Judge.

This is an appeal from a conviction for robbery by assault with the punishment, enhanced under the provisions of Article 63, Vernons Ann.P.C., being assessed at life.

At the outset the appellant challenges the sufficiency of the evidence to sustain the conviction, particularly as to intent and to 'the required element of a taking of property.'

On February 17, 1970, Patricia Wadsworth left Rutherford College in the city of Dallas about 9 p.m. and proceeded to a nearby parking lot where she discovered her automobile was blocked by another motor vehicle. She called the police. By the time of their arrival the vehicle had been moved and they departed. As Mrs. Wadsworth started to get into her car, she was grabbed by her hair and pushed into the car. When she began to scream her assailant told her to 'shut up' or he would shoot her. When she did not immediately comply the assailant struck her on the back of the head with his hand. The man then took the keys from her hand and holding her hair forced her to tell him where the ignition was located. He started the car and as he was backing out Mrs. Wadsworth unlocked the car door and jumped out. As she ran she glanced back and observed the car still running and that the backup lights were on. She then saw her assailant run around the front of the car and down an alley. She fled to the office of a business college and the police were called. Based on the description given by the complaining witness, the police arrested the appellant approximately a half an hour later a few blocks away from the scene of the alleged offense.

Mrs. Wadsworth made a positive incourt identification of the appellant as her assailant based on her observations of him at the time of the offense. She related that at the time her automobile was taken she was in fear of her life or serious bodily harm.

Appellant acknowledges that for the purpose of proving the element of taking, robbery is but an aggravated form of theft and that it would follow that the rules which govern in theft cases would also have application in a robbery prosecution. He also concedes the automobile was in his possession when he assumed control over it and started the ignition. He argues that his possession was not a 'taking' since the complaining witness abandoned the property, rendering it impossible for him to take it from her possession.

Article 1412, V.A.C.P., provides:

'To constitute 'taking' it is not necessary that the property be removed any distance from the place of taking; it is sufficient that it has been in the...

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49 cases
  • Franklin v. State, 57348
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • May 24, 1978
    ...Penal Code, Sec. 31.03. That appellant may have abandoned the property subsequent to obtaining it is of no consequence. Banks v. State, 471 S.W.2d 811 (Tex.Cr.App.1971). The evidence is sufficient to support a jury finding that appellant was guilty of the underlying offense of robbery. V.T.......
  • Drew v. State, 69249
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 30, 1987 313 (Tex.Cr.App.1986), it was recently held that the intent to steal may be inferred from actions or conduct. See also Banks v. State, 471 S.W.2d 811, 812 (Tex.Cr.App.1971); Johnson v. State, 541 S.W.2d 185, 187 (Tex.Cr.App.1976). In Fierro, supra, there was no verbal demand made of the ......
  • Domain Prot., LLC v. Sea Wasp, LLC, Civil Action No. 4:18-cv-792
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • December 12, 2019
    ...the words, actions, or conduct of the actor." Id. (citing McGee v. State , 774 S.W.2d 229, 234 (Tex. Crim. App. 1989) ; Banks v. State , 471 S.W.2d 811, 812 (Tex. Crim. App. 1971) ). Here, Domain Protection plainly has some proprietary interest in the Domain Names. After all, Domain Protect......
  • Fierro v. State, 68383
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • January 8, 1986
    ...but a verbal demand is not the talisman of an intent to steal. Such intent may be inferred from actions or conduct. Johnson v. State, 471 S.W.2d 811, 812 Viewing the evidence in the light most favorable to the jury's verdict, we hold the evidence was sufficient for the rational trier of fac......
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