Dobbs v. State
| Decision Date | 14 March 1923 |
| Docket Number | (No. 7522.) |
| Citation | 251 S.W. 1057 |
| Parties | DOBBS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Gray County Court, John B. Ayres, Judge.
Homer Dobbs was convicted of aggravated assault, and appeals. Reversed and remanded.
Hill & Ledbetter, of McLean, for appellant.
R. G. Storey, Asst. Atty. Gen., for the State.
Conviction is for aggravated assault; punishment fixed at confinement in the county jail for a period of 30 days. The appeal cannot be entertained, for the reason that the record contains no notice of appeal.
The appeal is therefore dismissed.
On Motion for Rehearing.
The record having been perfected showing that notice of appeal has properly been given, the appeal is reinstated.
An aggravated assault is charged to have been committed upon Mrs. Homer Dobbs, she being a female and the appellant being an adult male. Mrs. Dobbs was called for the state, and testified that appellant had made no assault upon her. She claimed that she had received some injuries through an accident in the absence of the appellant; that they had subsequently had a quarrel, and while enraged at him she had called the officers.
At the beginning of the trial, in accord with article 719, C. C. P., appellant requested that the witnesses be placed under the rule, and especially demanded that this include the witness Black, who was a deputy sheriff. The court denied this request, and permitted Black to remain in the courtroom and listen to the testimony, and afterwards impeach her by a contradictory statement. When Mrs. Dobbs testified that the appellant had made no assault upon her, she was asked if she had not made a certain statement to Black, and, upon her denial, Black was called to testify that she had told him that the appellant had struck her and inflicted injury upon her. This method of impeaching Mrs. Dobbs was also made the subject of objection, for the reason that she was a state witness, and there was no claim upon the part of the state's counsel that they were surprised at her testimony, and that the procedure was in effect supplying testimony by the method of impeachment.
Another witness was called who testified that Mrs. Dobbs had told him that her husband struck her on the occasion in question, and that he had also struck her at other times. No predicate for impeachment supported this testimony, but it was admitted over the objection that it was hearsay. The testimony was not only hearsay, but it put into the case the prejudicial fact that appellant had struck his wife on several other occasions. It was...
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Downs v. State
...witnesses from the rule is discretionary, and this is not reviewable in the absence of showing of abuse, is held in Dobbs v. State, 94 Tex. Cr.R. 398, 251 S.W. 1057. Permitting witness to testify who was present during part of taking of testimony, and who was afterwards discovered and used,......
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Hampton v. State, 20612.
...someone had stabbed her were impeached, the weight to be given their testimony was still a question for the jury. See Dobbs v. State, 94 Tex.Cr.R. 398, 251 S.W. 1057; Branch's Ann.P.C. pages 106 to 110. Bills numbers two, three and four complain of testimony showing the approximate weight a......
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Riddle v. State
...discretion. Article 644, C. C. P. 1925; Vernon's Ann. Tex. Crim. Stat. 1925 (Code Cr. Proc.) vol. 2, pp. 82, 83; Dobbs v. State, 94 Tex. Cr. R. 398, 251 S. W. 1057. The complaint of the testimony of the witness Mrs. Grishom to the effect that a day or two before the present transaction, she......