Dennison v. State, 38771
| Decision Date | 12 January 1966 |
| Docket Number | No. 38771,38771 |
| Citation | 399 S.W.2d 365 |
| Parties | James B. DENNISON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
John H. Regner, amicus curiae, Houston, for appellant.
Frank Briscoe, Dist. Atty., Carl E. F. Dally, Allen L. Stilley and James I. Smith, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is felony theft with two prior felony convictions alleged for enhancement; the punishment, life.
The witness Pike testified that on September 24, 1963, his green 1963 Pontiac sedan with the keys in the ignition was stolen from a parking lot in Houston. He further stated that some two days later he was notified by police that his car had been found and that on examining the car he found that the trunk lid had been pried off and that a cot, his tool box and the contents of his glove compartment were missing.
The witness Turner testified that he was present as a customer at the parking lot on the morning in question and that he saw the appellant in the lot at that time.
The witness Furlow testified that the appellant appeared at his place of business on the afternoon of the day in question in a green 1963 Pontiac sedan. The witness Knight corroborated Furlow's testimony and further stated that he noted that the trunk lid on the Pontiac was bent at the lock, and that on observing a police car passing down the road a few minutes after appellant's departure, he followed and saw the same car in a ditch with appellant nowhere in sight.
Mr. and Mrs. Harvey testified that as they were traveling home they observed the Pontiac driving away from Furlow's and saw it careen into a ditch. Both witnesses placed appellant at the scene.
Officer Wedemeyer, who was called to the scene of the wreck, identified the license number of the vehicle as that belonging to Mr. Pike. He further stated that various articles removed from the vehicle were recovered in the underbrush behind the service station where appellant had been employed.
Testimony was introduced showing the value of the vehicle was over fifty dollars.
The prior convictions were shown by certified copies of the judgment, sentence and fingerprints of appellant. Further, Officer Warnke of the Bexar County Sheriff's Department testified as to the date of the commission of the second prior offense in conformity with the rule in Rogers v. State, 169 Tex.Cr.R. 239, 333...
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...Tex.Cr.App., 414 S.W.2d 668; Travis v. State, Tex.Cr.App., 416 S.W.2d 417; Platt v. State, Tex.Cr.App., 402 S.W.2d 898; Dennison v. State, Tex.Cr.App., 399 S.W.2d 365. See also Green v. State, Tex.Cr.App., 408 S.W.2d 709. We do not find a violation of appellant's privilege against self-incr......
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De La Rosa v. State
...court in the absence of the jury has been determined adversely to him in Platt v. State, Tex.Cr.App., 402 S.W.2d 898; Dennison v. State, Tex.Cr.App., 399 S.W.2d 365; Gage v. State, Tex.Cr.App., 387 S.W.2d 679. See Holt v. United States, 218 U.S. 245, 31 S.Ct. 2, 54 L.Ed. 1021; 8 Wigmore, Ev......
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