Brown v. State, 25316

Decision Date30 May 1951
Docket NumberNo. 25316,25316
Citation240 S.W.2d 310,156 Tex.Crim. 144
PartiesBROWN v. STATE.
CourtTexas Court of Criminal Appeals

William C. McDonald, San Angelo, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.

WOODLEY, Commissioner.

The conviction is for driving a motor vehicle upon a public highway while intoxicated, the punishment having been assessed by the jury at a fine of $50.

Following his arrest, appellant was taken to a hospital where a blood specimen was taken from him.

The specimen was drawn by a nurse in the presence of W. A. Martin, a police officer, who testified that it was placed in a tube by the nurse and left at the hospital.

The nurse did not testify.

Dr. Hershberger, a physician and surgeon, testified that the blood specimen was called to his attention by Anne Evans, a laboratory technician in his employ, after it had been labeled with the name N. Brown and sealed with paraffin, and that he sent it to Austin for analysis.

Floyd E. McDonald, chemist for the Department of Public Safety, testified over objection that the specimen received by mail from Dr. Hershberger and labeled with the name of N Brown contained 3.6 milligrams of alcohol per cc.

Dr. Hershberger testified that 1.5 milligrams of alcohol per cc., or more, in the blood would render a person intoxicated.

The results of the blood test were admitted over the objections: (1) that it had not been shown that the specimen examined by the chemist was that taken from appellant; (2) that the specimen was taken from appellant without his voluntary consent and by coercion and persuasion; (3) that such specimen was taken without the warning required under the confession statute having been given and while appellant was in custody; and (4) that the admission of evidence as to the results of the test would be tantamount to compelling the accused to give evidence against himself.

We think that the first ground of objection must be...

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35 cases
  • Olson v. State
    • United States
    • Texas Court of Criminal Appeals
    • November 26, 1969
    ...to giving a urine specimen, 43 breath test, 44 or blood test. 45 But Trammell's immediate antecedent was Brown v. State, 156 Tex.Cr.R. 144, 240 S.W.2d 310 (Tex.Cr.App.1951). Brown involved a prosecution for driving while intoxicated in which the defendant was arrested, taken to a hospital, ......
  • Alexander v. State
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • December 12, 1956
    ...to determine whether he had recently fired a gun or pistol, did not violate self-incrimination privilege. Also in Brown v. State, 1951, 156 Tex.Cr.R. 144, 240 S.W.2d 310, the court decided that the provision of the Texas statute requiring that an accused be appraised of his constitutional r......
  • People v. Rodriguez
    • United States
    • Colorado Court of Appeals
    • January 13, 2022
    ...testimony about origin of rape kit swabs was hearsay as it was based on an inventory list prepared by a nurse); Brown v. State , 156 Tex.Crim. 144, 240 S.W.2d 310, 311 (1951) (blood sample was inadmissible, where its connection to the defendant was based only on the sample's label bearing t......
  • Ash v. State, No. 08-04-00046-CR (TX 2/16/2006)
    • United States
    • Texas Supreme Court
    • February 16, 2006
    ...961 (2000); Moone v. State, 728 S.W.2d 928, 930 (Tex. App.-Houston [14th Dist.] 1987, no pet.) (citing Brown v. State, 156 Tex. Crim. 144, 240 S.W.2d 310, 311 (Tex. Crim. App. 1951); Lynch v. State, 687 S.W.2d 76, 77-78 (Tex. App.-Amarillo 1985, pet. ref'd)). Proof of the beginning and the ......
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