Chambers v. State, 43348
| Decision Date | 16 December 1970 |
| Docket Number | No. 43348,43348 |
| Citation | 462 S.W.2d 313 |
| Parties | Lonnie Lee CHAMBERS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
James P. Finstrom, Dallas, for appellant.
Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulz, Jr., Edgar A. Mason and W. T. Westmoreland, Jr., Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
This is an appeal from a conviction for robbery by assault wherein the appellant complains of the admission into evidence of an extraneous offense over objection and despite a previously granted motion in limine.
Prior to trial the appellant filed a motion in limine requesting that the prosecution not mention Cause No. C--69--2654--H () or any acts relating thereto in the jury's presence.
The court's order reads: 'Granted in that attorneys are to approach bench to determine admissibility of evidence at time of its offer.'
The State's evidence reflects that at approximately 8:15 p.m. on April 22, 1969, four Negro males robbed Mrs. Bernice atwood, the night desk clerk, at the Cole Manor Motel in Dallas, Texas and took about $125.00 at gunpoint. During the course of the robbery Mr. Clarence Walker, a guest of the motel, approached the office to purchase a newspaper. He was promptly accosted by the four men and pistol whipped when he refused to given them his wallet. Both Mrs. Atwood and Mr. Walker had ample opportunity to observe their assailants and identified the appellant as being one of the participants in the robbery.
Robert Ottwell testified that on the night in question at 8:30 p.m. or so he stopped his automobile on Ft. Worth Avenue in Dallas to attempt to repair a mechanical difficulty. At the time he observed four or five Negro males in a car parked in front of him. They debarked leaving one of their number in the vehicle and walked toward a nearby motel. The driver circled the block, stopped again, had a conversation with Ottwell and returned to the vehicle as the others came from the motel at a 'nervous gait.' Ottwell reported a description and the license number of the vehicle to the police.
Dallas Police Officer Weldon Richardson related that the license number reported had been issued to a person living at 1315 Fordham Road and that on the following afternoon he proceeded to that address where he observed the described automobile and several persons fitting the description of the persons involved in...
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Williams v. State
...that the appellant was the 'perpetrator' of the extraneous offense which may incidentally have been proved. Compare Chambers v. State, 462 S.W.2d 313 (Tex.Cr.App.1970); Hart v. State, 447 S.W.2d 944, 951 (Tex.Cr.App.1969) and Cage v. State, 167 Tex.Cr.R. 355, 320 S.W.2d 364 (Tex.Cr.App.1958......
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Berry v. State, 44468
...in Williams v. State, Tex.Cr.App., (No. 44,437, Feb. 23, 1972). See also Valdez v. State, Tex.Cr.App., 472 S.W.2d 754; Chambers v. State, Tex.Cr.App., 462 S.W.2d 313; 61 Tex.Jur.2d, Witnesses, Sec. Appellant also complains that '(t)he Trial Court erred in admitting the confession-statement ......
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Turner v. State, 45021
...offered, and that such evidence reflected the fact of appellant's arrest, no reversible error is presented. See Chambers v. State,462 S.W.2d 313 (Tex.Cr.App.1971). In Chambers, the witness reported the suspicious conduct of a group of men to the police along with the license number of their......