Campbell v. State, 49748

Decision Date16 April 1975
Docket NumberNo. 49748,49748
Citation521 S.W.2d 636
PartiesHerman CAMPBELL, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

John L. Scott, Jr., Amarillo (Court-appointed), for appellant.

Tom Curtis, Dist. Atty., Russell Busby, Asst. Dist. Atty., Amarillo, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

BROWN, Commissioner.

The conviction is for carrying a pistol on premises licensed to sell alcoholic beverages; the punishment, assessed by the court, three years' imprisonment.

Appellant and three companions entered a 'Toot-N-Totum' store where Alvin Smith was working. Smith saw that one of the men had a pistol in his trousers. After 'milling around' for several minutes, the four men left. Smith went to the front window of the store and saw which way they went. He then called the police and went outside and further observed the group. Upon the arrival of a squad car, Smith gave directions to Officers Miller and Simmons, who found the four men some two and one-half blocks away. Simmons got out and called to Billy Bates, whom he recognized. Bates turned and Officer Smith saw a gun in his trousers. Bates was disarmed, handcuffed, and taken to the opposite side of the squad car.

At the direction of Officer Miller, appellant and another of his companions, Evert, began to get in the back seat of the squad car. The fourth man, Harvey, bent down near the rear tire of the car, where Officer Simmons subsequently found another pistol. Campbell and Evert fumbled about in the back seat and continued to do so despite Officer Miller's repeated instructions for them to place their hands on the rear of the front seat. Appellant then thrust his arm toward Officer Miller, and in his hand was another pistol. Miller drew his own pistol and disarmed appellant. A fourth pistol was found stuffed behind the seat close to where Evert had been sitting.

Appellant's first ground of error is that the court erred in admitting the affidavit of the Assistant Administrator for the Texas Alcoholic Beverage Commission, relating to the license issued to the 'Toot-N-Totum' store, urging that a copy had not been furnished him as required by Article 3731a, Vernon's Ann.Civ.St. Appellant objected at trial on the grounds that the affidavit was an 'ex parte statement' and it was not the best evidence. These objections were not sufficient to bring the trial court's attention to the error now complained of and...

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9 cases
  • Bell v. State
    • United States
    • Texas Court of Criminal Appeals
    • 24 Enero 1979
    ...must comport with the objections made at trial. See e. g., Smith v. State, 513 S.W.2d 823, 830 (Tex.Cr.App.1974); Campbell v. State, 521 S.W.2d 636, 637 (Tex.Cr.App.1975). Otherwise nothing is presented for review. Smith v. State, supra; Campbell v. State, "This rule extends to allegations ......
  • Watson v. State
    • United States
    • Texas Court of Criminal Appeals
    • 11 Febrero 1976
    ...trial court's attention the error now complained of an appeal. Nothing is presented for review as to that reference. Campbell v. State, 521 S.W.2d 636 (Tex.Cr.App.1975); Wood v. State, 511 S.W.2d 37 (Tex.Cr.App.1974); Ex parte Bagley, 509 S.W.2d 332 On the other two occasions, the court sus......
  • White v. State
    • United States
    • Texas Court of Criminal Appeals
    • 10 Noviembre 1976
    ...must comport with the objections made at trial. See, e.g., Smith v. State, 513 S.W.2d 823, 830 (Tex.Cr.App.1974); Campbell v. State, 521 S.W.2d 636, 637 (Tex.Cr.App.1975). Otherwise, nothing is presented for Smith v. State, supra; Campbell v. State, supra. This rule extends to allegations o......
  • Shannon v. State, 54806
    • United States
    • Texas Court of Criminal Appeals
    • 21 Junio 1978
    ...trial is general, and does not comport with the contention he now makes on appeal; nothing is presented for review. Campbell v. State, 521 S.W.2d 636 (Tex.Cr.App.1975); Hulin v. State, 438 S.W.2d 551 (Tex.Cr.App.1969); Spencer v. State, 438 S.W.2d 109 (Tex.Cr.App.1969). We do not agree with......
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