Brooks v. State, 46513
| Decision Date | 19 September 1973 |
| Docket Number | No. 46513,46513 |
| Citation | 499 S.W.2d 99 |
| Parties | Freddie Thomas BROOKS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Roland H. Hill, Jr., Fort Worth, for appellant.
Doug Crouch, Dist. Atty., William A. Knapp, William W. Chambers, and J. J. Heinemann, Asst. Dist. Attys., Fort Worth, Jim D. Vollers, State's Atty., Austin, for the State.
JACKSON, Commissioner.
The conviction was for the sale of dangerous drugs on a plea of not guilty; the punishment, three and one-half (3 1/2) years.
The sufficiency of the evidence is not challenged.
L. D. Ansley, an undercover agent for the Narcotics Division of the Police Department of the city of Fort Worth, testified that he purchased 264 tablets of amphetamine in 4 'baggies,' and a bottle of the same in liquid form from appellant on March 20, 1972, for $80.00 in cash; that appellant came to the place of sale with two other males; that appellant asked $85.00, but agreed to reduce the price to $80.00 if he was allowed to keep 1000 empty gelatin capsules. Ansley paid him the money and appellant kept the capsules.
Appellant testified to the delivery of the drugs to Ansley, but claimed he bought them from the two other males who were with him but remained outside in the car, and gave them the $80.00 and the empty capsules, solely to accommodate the agent, who he said had asked him to buy them so that he could sell them and make some money to help J , a woman known to both Ansley and appellant, to get some money to help her husband get out of jail. There was other testimony not necessary to relate here. The contraband was competently shown to be amphetamine.
At the conclusion of the testimony and before the court submitted the charge to the jury, appellant in writing requested the court to charge the jury as follows:
'You are further instructed that if you find from the evidence that the defendant was in no way interested in behalf of the seller but acted only as agent of L. D. Ansley, in procuring amphetamines from another, or if you have a reasonable doubt thereof, you must find the defendant not guilty and so state.'
The court denied the request. Appellant contends that the court thereby committed reversible error.
Appellant relies upon the cases of Durham v. State, 162 Tex.Cr.R. 25, 280 S.W.2d 737, and Smith v. State, Tex.Cr.App., 396 S.W.2d 876.
The Durham case laid down the principle involved, and reversed the case because the facts did not show a sale, but showed that the accused was acting as an accommodation agent. It did not involve the refusal to give a charge on accommodation agent, nor did the court charge on entrapment.
The Smith case was reversed for the failure of the court to charge an accommodation agent, but there the court did not charge on entrapment.
The court in the case at bar charged on entrapment as follows:
'You are instructed that 'entrapment' is the improper inducement of a person by an officer to commit a crime not...
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Posey v. State
...here, the court's charge on entrapment fully protects the appellant's rights. Sosa v. State, Tex.Cr.App., 494 S.W.2d 849; Brooks v. State, Tex.Cr.App., 499 S.W.2d 99; and Gonzales v. State, Tex.Cr.App., 505 S.W.2d 267. Further, I am not persuaded that the statute, by definition, eliminates ......
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Moore v. State
...is not a proper request under Art. 36.28. Jones v. State, 706 S.W.2d 664, 667 (Tex.Cr.App.1986); Iness, supra at 314; Brooks v. State, 499 S.W.2d 99, 101 (Tex.Cr.App.1973) (trial court properly denied jury foreman's request to hear testimony already reproduced once because request did not s......
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Howell v. State
...knows that a disagreement at one point existed, a bare request for testimony is not enough to infer a disagreement. Brooks v. State, 499 S.W.2d 99, 101 (Tex.Crim.App.1973). In Brooks, the court correctly declined to replay a videotape previously replayed because the foreman's second request......
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Gonzales v. State, 47346
...the court's charge on entrapment fully protected appellant's rights. Sosa v. State, Tex.Cr.App., 494 S.W.2d 849, and Brooks v. State, Tex.Cr.App., 499 S.W.2d 99. Ground of error number three urges that the Court erred in refusing a charge on accomplice witness. Appellant urges that there wa......