Crawford v. State, 27642

Decision Date15 June 1955
Docket NumberNo. 27642,27642
Citation282 S.W.2d 222,162 Tex.Crim. 95
PartiesJohnny CRAWFORD, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

No appearance for appellant.

Austin F. Anderson, Crim. Dist. Atty., Richard J. Woods, Asst. Crim. Dist. Atty., San Antonio, Leon Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is robbery, with a prior conviction of an offense of the same nature alleged for the purpose of enhancement; the punishment, life.

Kuykendall, the injured party, testified that as he crossed Travis Park in the City of San Antonio after midnight he was accosted by three men, one of whom was the appellant; that one of them said, 'I am a detective. Put up your hands'; that he complied, and the appellant reached in his (Kuykendall's) pocket, removed his billfold, and extricated the money therein; that the billfold was dropped to the ground, and he was instructed to pick it up but that when he did he was kicked. Kuykendall stated that when he started to leave the appellant grabbed him by the shirt and pulled him back and told him not to look around, that he waited until the three left and then went in search of the police.

One Reitbauer, a parking lot attendant, testified that on the night in question he saw three men enter Travis Park, stop another man, pull him back, knock him down, and then kick him. He identified appellant as being the aggressor among the three. He stated that as soon as the three left, Kuykendall (the man who had been knocked down) came to him, and he called the police; that they arrived within five minutes, and he directed the police as to the direction of the assailants' flight.

Officer Kilgore of the San Antonio police testified that he arrived at Travis Park on the night in question, picked up Kuykendall, and later apprehended the appellant and his two companions near the Alamo.

Del Toro, a hotel attendant, identified the appellant as one of three men whom he saw push and search a man in the park on the night in question.

Martinez, a street sweeper, identified the appellant as one of three men whom he saw beat up a man in the park and then leave together.

The appellant was identified as the individual who had been convicted in 1950 for assault with intent to rob.

The appellant did not testify in his own behalf, but offered his sister, who testified that the appellant had been gainfully employed, and Sergeant Zapata, from whom he established that...

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5 cases
  • Crawford v. State
    • United States
    • Texas Court of Criminal Appeals
    • September 16, 1968
    ...offense of assault with intent to rob. On an original appeal the judgment of conviction was affirmed by this court in Crawford v. State, 162 Tex.Cr.R. 95, 282 S.W.2d 222. In 1964 appellant by petition for writ of habeas corpus attacked the 1955 conviction as void on the ground that he was n......
  • Ex parte Breen
    • United States
    • Texas Court of Criminal Appeals
    • November 22, 1967
    ...own case, preparing the appellate brief with the aid of a fellow jail inmate. His conviction was affirmed on appeal. Crawford v. State, 162 Tex.Cr.R. 95, 282 S.W.2d 222. Crawford's family then borrowed money to employ an attorney to file a motion for re-hearing in this Court. The motion was......
  • Ex parte Sanders
    • United States
    • Texas Court of Criminal Appeals
    • October 24, 1979
    ...original 1951 assault with intent to rob conviction, after revocation of probation, for some 13 years; see Crawford v. State, 162 Tex.Cr.R. 95, 282 S.W.2d 222 (Tex.Cr.App.1955); Crawford One, supra; Crawford v. Beto, 383 F.2d 604 (5 Cir. 1967) and Crawford v. State, 435 S.W.2d 148 (Tex.Cr.A......
  • Crawford v. Beto
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • October 9, 1967
    ...preparing the appellate brief with the help of a fellow prison inmate. His conviction was affirmed on appeal. Crawford v. State of Texas, 162 Tex.Cr.R. 95, 282 S.W.2d 222 (1955). Appellant's family then borrowed money which was used to employ an attorney to file a motion for rehearing in th......
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