Barnes v. State, 48787
| Decision Date | 24 September 1974 |
| Docket Number | No. 48787,48787 |
| Citation | 513 S.W.2d 850 |
| Parties | Marshall Webster BARNES, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Michael L. Morrow, Dallas, for appellant.
Henry Wade, Dist. Atty., Ronald D. Hinds, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
JACKSON, Commissioner.
The appellant was sentenced to life as an habitual criminal under Art. 63, Vernon's Ann.P.C., upon his conviction for felony theft of an automobile.
Appellant urges us to reverse upon the contention that the evidence is not sufficient to show a taking of the automobile.
During a banker's convention in Dallas, several policemen were engaged after their working hours to drive visiting bankers about town. Republic National Bank had so employed Officers Barnes, Feinglas and Flowers. Barnes was assigned a new Plymouth of the value of over $50.00, which he kept and so used for six days. On October 10, 1972, he had delivered a visiting banker and wife to One Main Place, and had parked his Plymouth facing west on Main Street with the key left in the ignition lock. He and other officers so engaged, all dressed in plain clothes, were standing in front of the building about 30 or 40 feet back of Barnes' car, at about 10:15 P.M., when appellant entered Barnes' car on the driver's side, closed the door, started the motor and had his hands on the steering wheel. Officer Feinglas saw this occurrence, and Barnes and the other officers immediately got appellant out of the car before he had moved it from its parking place.
Appellant testified that he did not enter the car, but, having too much to drink, became sick, vomited and leaned against the car when the officers arrested him. The officers refuted this claim, saying he was not drunk or sick. On the punishment phase of the trial, it was proved that appellant was convicted of burglary on August 5, 1964, and again for burglary on December 22, 1970, as charged in the second and third paragraphs of the indictment and the court having so found, assessed the punishment at life.
In the charge to the jury, the court correctly told them:
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Hill v. State
...control over the alleged property with an intent to deprive, sufficient to support those elements of the offense. See Barnes v. State, 513 S.W.2d 850 (Tex.Cr.App.1974). We hold the evidence adduced sufficiently supports the jury's verdict of At the penalty stage of the trial the State offer......
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