Bruner v. State, 48527
Decision Date | 22 May 1974 |
Docket Number | No. 48527,48527 |
Citation | 509 S.W.2d 620 |
Parties | Erma Lee BRUNER, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Malcolm Dade and John E. Rapier, Court Appointed On Appeal, Dallas, for appellant.
Henry Wade, Dist. Atty. and Maridell Templeton, Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.
DALLY, Commissioner.
The conviction is for felony theft; the punishment, ten years imprisonment.
Appellant contends that the indictment is fatally defective in that it insufficiently describes the property taken as 'two suits and being of the total value of over $50.00,' and that the Court erred in overruling her motion to quash the indictment. Article 21.09, Vernon's Ann.C.C.P., reads in part as follows:
'When it becomes necessary to describe property of any kind in an indictment, a general description of the same by name, kind, quality, number and ownership, if known, shall be sufficient . . .'
Appellant says the description in the instant indictment does not describe the Kind of property taken, i.e., 'whether the suits are women's suits, childrens' suits, men's suits, suit's (sic) of cards, costumes, or merely suits of clothing.'
We do not think the description 'two suits' is so vague as to be insufficient under Article 21.09, supra. 1 This Court has held similar descriptions of property to be sufficient. See White v. State, 505 S.W.2d 258 (Tex.Cr.App.1974) ('one (1) pick-up truck'); Kirkland v. State, 489 S.W.2d 298 (Tex.Cr.App.1972) ('one (1) oxygen container'); Ward v. State,446 S.W.2d 304 (Tex.Cr.App.1969) ('one (1) automobile'); Mays v. State,428 S.W.2d 325 (Tex.Cr.App.1968) ('one (1) television set'); Wilson v. State, 398 S.W.2d 291 (Tex.Cr.App.1965) ('ten (10) drill bits'); Beland v. State, 160 Tex.Cr.R. 351, 271 S.W.2d 430 (Tex.Cr.App.1954) ('one (1) camera').
The authorities relied on by appellant are not controlling, because in each of those cases, the Quantity of the property taken was not alleged. See Moore v. State, 473 S.W.2d 523 (Tex.Cr.App.1971) ('tires'); Oakley v. State, 167 Tex.Cr.R. 630, 323 S.W.2d 43 (Tex.Cr.App.1959) ('seed'); Scott v. State, 125 Tex.Cr.R. 396, 67 S.W.2d 1040 (Tex.Cr.App.1934) ('certain lubricating oil'); cf. Young v. State, 139 Tex.Cr.R. 509, 141 S.W.2d 315 (Tex.Cr.App.1940). We overrule this ground of error.
Appellant further asserts that the prosecutor improperly cross-examined her concerning the details of her prior convictions. The questions complained of were as follows:
Appellant's objection to the first question was a general objection to 'going into that matter at this phase of the trial.' She made no objection to the second question and she obtained no adverse ruling from the Court on her objection to the third question.
Moreover, all of the information conveyed by these three questions is contained in the records of the appellant's prior convictions, and these records were all properly admitted into evidence without objection. They consisted of authenticated copies...
To continue reading
Request your trial-
Wood v. State, 67486
...State, 608 S.W.2d 643 (Tex.Cr.App.1980); "seven rifles," Welch v. State, 543 S.W.2d 378 (Tex.Cr.App.1976); "two suits," Bruner v. State, 509 S.W.2d 620 (Tex.Cr.App.1974); "One oxygen container and the contents thereof, to wit: oxygen," Kirkland v. State, 489 S.W.2d 298 (Tex.Cr.App.1972); "o......
-
Davis v. State
...informed the jury of the historical facts of the offense alleged in the charging instrument. The State relies on Bruner v. State, 509 S.W.2d 620 (Tex.Crim.App.1974). The State argues that in any event the instruction to the jury to disregard the officer's answer cured any error. 3. Applicat......
-
State v. Czaplinski
...directly on point held that an alleged theft of "two suits" satisfied the notice requirement of article 21.09. See Bruner v. State, 509 S.W.2d 620, 621 (Tex.Crim.App.1974); see also Baldwin v. State, 76 Tex.Crim. 499, 175 S.W. 701 (1915) ("one suit of clothes" sufficiently descriptive). The......
-
Brackley-Gross v. State, 07-14-00269-CR
...at 737 (finding "one truck trailer" and "one automobile" to be a sufficient description of property stolen); Bruner v. State, 509 S.W.2d 620, 621 (Tex. Crim. App. 1974) (finding "two suits" to be a sufficient description); Gaines v. State, 501 S.W.2d 315, 317 (Tex. Crim. App. 1973) (finding......