Broussard v. State, 34931
| Decision Date | 07 November 1962 |
| Docket Number | No. 34931,34931 |
| Citation | 363 S.W.2d 143 |
| Parties | Jack BROUSSARD, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Orville A. Harlan, Houston, on appeal only, for appellant.
Frank Briscoe, Dist. Atty., Carl E. F. Dally and Gus J. Zgourides, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is burglary; the punishment, enhanced under Art. 63 P.C. by two prior convictions for felonies less than capital, life.
The undisputed evidence shows that appellant and one Clyde Sewell were discovered at night in a barber shop, the door of which had been pried open.
The doors to a metal cabinet in the building were open and some shoes, electric clippers and scissors were lying on the floor. Also a large screwdriver was found on the floor.
The owner testified that the articles found on the floor were not there when he licked his place of business; that the screwdriver was not his and that he did not give appellant or Clyde Sewell or anyone else his consent to break and enter the building or to remove property therefrom.
The prior convictions alleged in the indictment for enhancement purposes were proved by records of the Texas Department of Corrections, including certified copies of the judgment and sentence in each cause. Appellant was identified as the defendant in said prior convictions by comparison of the finger prints which were a part of the record in each case and prints taken by the expert witness who testified that the three finger prints were made by the same man.
Appellant challenges the sufficiency of the evidence offered by the state to prove the allegation that the conviction on November 22, 1955, in Fort Bend County, was for an offense committed after the conviction in 1950 became final.
The indictment alleged that the Fort Bend conviction was in Cause No. 7503. Copies of the judgment and sentence in said cause which formed a part of the records of the Texas Department of Corrections were introduced and the district attorney who prosecuted in said Cause No. 7503 testified that it was for an offense committed on October 5, 1955.
There was evidence also that the house of Ben Bezerres was burglarized on October 5, 1955, and the Sheriff of Fort Bend County testified that he investigated such burglary and later attended the trial of the defendant on the 22nd day of October and that the defendant was Jack...
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Beck v. State
...since it complied with Article 3731a, V.A.C.S., in effect at the time of appellant's trial. See Vessels, supra; Broussard v. State, 363 S.W.2d 143 (Tex.Cr.App.1963). While this may be the most popular method of proving prior convictions, either for enhancement of punishment, see V.T.C.A., P......
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Wheat v. State
...convicted as was done in Gomez v. State, Tex.Cr.App., 365 S.W.2d 176; Mackie v. State, Tex.Cr.App., 367 S.W.2d 697; Broussard v. State, Tex.Cr.App., 363 S.W.2d 143; Platt v. State, Tex.Cr.App., 402 S.W.2d 898; Richardson v. State, Tex.Cr.App., 432 S.W.2d 100; cf. Stoneham v. State, Tex.Cr.A......
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Rounsavall v. State
...p. 684. Such procedure has been approved by this court since it complies with the provisions of Art. 3731a, Vernon's Ann.Civ.St. See Broussard v. State, 363 S.W.2d 143 (Tex.Cr.App.1963); Spencer v. State, 164 Tex.Cr.R. 464, 300 S.W.2d 950 (1957); Vessels v. State, This procedure is frequent......
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Jones v. State
...428 S.W.2d 814; Graham v. State, Tex.Cr.App., 422 S.W.2d 922; Jackson v. State, Tex.Cr.App., 402 S.W.2d 742; Broussard v. State, Tex.Cr.App., 363 S.W.2d 143. Further, we find no objection in the record to this method of proof. Appellant also complains the trial court committed fundamental e......