Cavazos v. State
| Citation | 365 S.W.2d 178 |
| Decision Date | 30 January 1963 |
| Docket Number | No. 35043,35043 |
| Parties | Rafael CAVAZOS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Oscar Cavazos, Raymondville, Gus L. Kowalski, Kingsville, Kelley, Looney, McLean & Littleton by Rogers Kelley, Edinburg, for appellant.
Edna Cisneros, Dist. Atty, Raymondville, J. H. Fugate, Jr., Sp. Prosecutor, Kingsville, Sam L. Jones, Dist. Atty., Corpus Christi, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The prior opinion is withdrawn and the following is substituted therefor.
The conviction is for murder; the punishment, 35 years.
The trial was had in Kleberg County on a change of venue from Willacy county.
The state introduced evidence that the appellant, shortly after 2 A.M. on August 8, 1959, telephoned Dr. Spence, a physician, at his home, asking that he come because something was wrong with Virginia (the deceased). Within a few minutes Dr. Spence arrived at deceased's house and the appellant met him on the front porch dressed in shirt, pants and shoes, and told him that 'Someone is trying to, has been trying to do something to us.' Appellant turned on the lights and they entered the bedroom and the doctor saw the deceased lying on the bed with the sheet pulled up to her neck and upon examination found that she had been dead less than thirty minutes. Upon inquiry by the doctor, appellant said that when he awoke, he couldn't breathe, felt like someone was choking him and like in a dream he heard Virginia (deceased) calling him, and when he did awake, he found her 'like this and then I called you to come.' The deceased was an employee in the office of Dr. Spence.
Dr. Spence further testified that the body was clothed in a nightgown and that he observed marks on the right side of the neck and shoulder and some blood spots on the pillow and sheet. The appellant told him that he could not find his pocketbook, but said nothing about money. Dr. Spence also testified that there was no evidence of a struggle and that the things in the house appeared to be in order. He telephoned for an ambulance, the officers were notified and they arrived in a brief time.
The testimony of the Sheriff, deputy sheriff, mortician and the Willacy County physician corroborated that of Dr. Spence. In addition to the testimony of Dr. Spence, it was shown by the testimony of one or more of these witnesses that shortly after they arrived the appellant said he was in bed with the deceased, but denied that he killed her, that he heard someone leave the room, that somebody choked her, and killed her and robbed them. He said that his pocketbook with the $500 in it and the deceased's purse containing $1500 were missing, and whoever got them was the person who committed the crime; that his wallet was found with no money in it in a room adjoining the bedroom and the purse was found in a closet of the bedroom and it contained $29.50 in money. Their testimony reveals that there were bruises and scratches on deceased's neck and shoulder, a cut or bruise on her lip and the nail on the right big toe was almost torn off; and also that the appellant had fresh scratches on his face, arms and chest, and that they could have been made by fingernails and that appellant could not offer any explanation for the scratches.
Dr. Flory, a pathologist, testified that he performed an autopsy on the body of the deceased, and expressed the opinion that the marks he found on the neck could have been made by fingernails; that he took specimens of fingernail scrapings found under the fingernails; and he also expressed the opinion that death was caused by manual strangulation and that he found no other cause of death.
A chemist of the Department of Public Safety testified that he made an analysis of the fingernail scrapings and it showed that they contained human matter.
While testifying, Bessie Flores, a waitress at a tavern, identified the appellant as the person she served along with two or three companions in September, 1960. During this time 'he (appellant) was asked by this man that if he, in truth, had been the one * * * who was the cause of his wife's death or his woman's death.' To this question he smiled and did not answer, but when the same question was asked again he answered 'Yes,' and he said 'I have done it because my wife is very jealous and was very jealous, and she had me very tired.'
Aurora Garcia testified that the appellant, whom she had known for about four years, came to her house after the death of the deceased, Virginia Cavazos, and talked with her about the death stating 'that he killed her for me' and that he was going to marry her, and if she would not marry him then he would kill her and would do something to her family. Aurora testified that 'I told him I will not marry with you because just like you have killed Virginia you could kill me.'
The appellant did not testify but called several witnesses. He introduced in evidence a marriage license showing the marriage of the deceased and Nieves Pena, September 7, 1938, and there is no evidence that their marriage was dissolved until the death of the deceased. Testimony was offered that the general reputation of the state's witness Aurora Garcia for truth and veracity was bad. Appellant also offered evidence by a physician which was based on what he heard Dr. Flory and others testify as to the cause of deceased's death, and he expressed the opinion that her death was not caused by manual strangulation.
It is contended that the...
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Berry v. State
...where the claims of relevance were increasingly tenuous in light of the prejudicial nature of the photographs. E.g., Cavazos v. State, 365 S.W.2d 178 (Tex.Cr.App.1963); Borroum v. State, 168 Tex.Cr. 552, 331 S.W.2d 314 (1960); Davis v. State, 165 Tex.Cr. 456, 308 S.W.2d 880 (1958); People v......
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Franklin v. State
...guilt was found. Bailey v. State, 532 S.W.2d 316 (Tex.Cr.App.1975); Hintz v. State, 396 S.W.2d 411 (Tex.Cr.App.1965); Cavazos v. State, 365 S.W.2d 178 (Tex.Cr.App.1963); McArthur v. State, 132 Tex.Cr.R. 447, 105 S.W.2d 227 Appellant questions the sufficiency of the evidence as to the probab......
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Cook v. State
...to support a finding under any of the counts submitted, no error is shown. Hintz v. State, Tex.Cr.App., 396 S.W.2d 411; Cavazos v. State, Tex.Cr.App., 365 S.W.2d 178." (Emphasis See also McArthur v. State, 132 Tex.Cr.R. 447, 105 S.W.2d 227 (App.1937). See further Tapley v. State, 673 S.W.2d......
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Corbett v. State
... ... Appellant recognizes the general rule that the charge need not be given where there is in evidence an admission or a confession by the accused admitting that he killed the deceased. Steel v. State, Tex.Cr.App., 459 S.W.2d 649; Patterson v. State, Tex.Cr.App., 416 S.W.2d 816; Cavazos ... Page 952 ... v. State, Tex.Cr.App., 365 S.W.2d 178; 4 Branch's Anno.P.C., Section 2050 ... He urges, however, that Davidson v. State, 109 Tex.Cr.R. 251, 4 S.W.2d 74, necessitates that the charge be given where there is doubt about the matter described by the defendant in ... ...