Bell v. State, 29587
Decision Date | 05 March 1958 |
Docket Number | No. 29587,29587 |
Citation | 166 Tex.Crim. 340,313 S.W.2d 606 |
Parties | James BELL, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Herman E. Hudson, Dallas, for appellant.
Henry Wade, Dist. Atty., Homer G. Montgomery, Henry Lem Brotherton and A. D. Jim Bowie, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is murder; the punishment, death.
The witness Jerry Jackson testified that appellant and a woman companion had been in his tavern on the night in question, that shortly after they left he followed and a short distance away came upon them talking in the street, that the appellant had a pistol in his hand, that he approached them and the following conversation took place:
Witness: 'Bell, I want to speak to you a minute.'
Appellant: 'Boss man, I don't want you to interfere with me and my woman's business.'
Witness:
Appellant:
Witness: 'Well, that's what I wanted to say to you.'
Appellant: 'I still say I don't want you to interfere with me and my woman's business.'
Witness: 'I am sorry.'
Jackson further testified that he started back to his tavern and had gone approximately 50 feet when he heard a gun fire three or four times, aboutfaced and saw the appellant's woman companion lying on the pavement and the appellant walking away, and when he returned to the scene saw no purse or weapons of any kind. Shortly thereafteR he signabled to a police car which was passing, and the officers took charge of the body.
Ella Jackson testified that she arrived upon the scene shortly after the police officers arrived, examined the woman who was lying on the pavement, observed multiple bullet wounds in her body, saw no purse or weapons, and observed one fifty-cent piece in the woman's hand.
Edward Phillips testified that he had observed the appellant at Jackson's tavern on the night in question and later, on his way home, saw the appellant talking to a woman companion in the street; that he passed them and had gone approximately a block when he heard three or four shots, returned to the scene, saw the woman lying on the pavement, but the appellant was no longer there. He stated that he saw no purse or weapon near the body of the woman.
It was established that the deceased died of gunshot wounds. The appellant surrendered to the officers later that night and turned over to them a revolver which contained only spent shells.
The next afternoon the appellant signed a confession, which was introduced in evidence without objection, and from which we quote:
Appellant, testifying in his own behalf, stated that he had met Jerline two or three months prior to the homicide and had an act of intercourse with her for pay, that the deceased thereafter came to the tavern which he and his common law wife operated and asked him for free beer, which he gave her. He stated that on the night in question, fearful that his attentions to Jerline would be observed by his common law wife, he told her that he would meet her outside, that he did so and they went to Jackson's for a drink, and that when he left to go back to his own establishment she called to him to wait; and we quote from his testimony:
He did not mention the deceased opening her purse in his testimony. He admitted that he had plead guilty to three burglary cases and, after having served such sentences, that he was convicted of murder with malice in 1953.
We find the evidence sufficient to support the conviction and shall discuss the contentions advanced by appellant's earnest court-appointed counsel.
He first contends that the court erred in permitting the State to ask leading questions. With full candor, he admits that he can cite no recent decision of this Court in support of his contention, but does rely on Ripley v. State, 51 Tex.Cr.R. 126, 100 S.W. 943, and Godsoe v. State, 52 Tex.Cr.R. 626, 108 S.W. 388.
Ripley was reversed for several reasons, and at the end of the opinion the Court, without discussing them, stated that the bills of exception relating to the asking of leading questions were well taken and should not occur upon another trial.
Such is true of Godsoe except that in that case the leading question is set forth in the opinion, and the Court pointed out that it embraced the very crux of the State's case which the Court termed weak.
The most important distinction between the case at bar and the cases cited is that, here, the appellant testified to all the material facts and made out as strong a case as had the witnesses to whom the alleged leading questions were propounded. We have examined each of the questions complained about and find that the court sustained the objection to a number of them and required the State to rephrase the question, and we do not find...
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