Evans v. State
| Decision Date | 02 March 1966 |
| Docket Number | No. 39179,39179 |
| Citation | 401 S.W.2d 602 |
| Parties | Paula EVANS, Appellant, v. The STATE of Texas, Appellee, |
| Court | Texas Court of Criminal Appeals |
Brown, Shuman & Harding, by Clifford W. Brown, Lubbock, for appellant.
Fred E. West, County Atty., Wm. Quinn Brackett and Carson Smith, Asst. County Attys., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is the unlawful possession of a barbiturate drug; the punishment assessed by the jury, one year in jail and a fine of $500.
The evidence reflected by the statement of facts is summarized in the brief of appellant as follows:
'Upen the trial of the case the arresting officer, Bill Bessent, who was shown to be a member of the detective force of the Lubbock Police Department, testified relative to following the Defendant and her sister and stopping them on the 30th day of January, 1965. He testified that when he stopped the appellant and her sister * * * he proceeded to the left hand door of the car where the appellant was seated under the steering wheel. He testified that she was strangling and coughing and as she got out of the car she brought her hand down to the side of the car an kinda wiped it on the side of the seat and that he picked up what he believed to be two 'red birds'. He said that the same were wet and had been partially chewed or broken up. He arrested the Defendant and charged her with possession of a barbiturate drug.
'Eldon Straughan, a witness for the State, shown to be a chemist for the Department of Public Safety, testified that upon analysis of the capsules * * * they were found to contain a barbituric acid derivative.
'The appellant herself took the stand in her own defense and denied the possession of any barbiturates at the time of her arrest and denied that there were any pills in the car or that she knew that there were any pills in said car.'
Appellant's first proposition is that the court erred in permitting the state to introduce into evidence testimony relative to a conviction of vagrancy by prostitution in Cause No. A--176778, in the Corporation Court of the City of Lubbock, of one Paula Marie Evans, 'when the evidence was insufficient to show that Paula Marie Evans there allegedly convicted and the Paula Evans on trial was one and the same person, and when the evidence was insufficient to show a valid conviction in said cause.'
Upon her cross-examination appellant denied that she was previously convicted for prostitution. In rebuttal Police Detective Fedder identified appellant as the person he arrested for prostitution on February 10, 1965, and identified the complaint in Cause No. A--176778 as the complaint filed against her.
Appellant admitted that Detective Fedder did arrest her and file the complaint, and it was introduced in evidence.
Certified copy of the judgment, upon a plea of guilty, in said cause was identified and introduced in evidence and the Clerk of the Corporation Court testified that the records showed that the defendant in said cause did not appear in person but did appear by an attorney who pled guilty for the...
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Ex parte Breen
...of the appeal and any valid claim as to the denial of appellant's rights to a record on appeal. In the recent case of Evans v. State, 401 S.W.2d 602, we held that the state was not bound to prove that the attorney who entered a plea of guilty for the defendant in a misdemeanor case was auth......
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Ramos v. State
...under the 'verbal act' doctrine, sometimes referred to as the so-called res gestae rule. See 24 Tex.Jur.2d, Sec. 581; Evans v. State, Tex.Cr.App., 401 S.W.2d 602; Johnson v. State, Tex.Cr.App., 379 S.W.2d 914; Wilder v. State, 169 Tex.Cr.R. 255, 333 S.W.2d 367; Byers v. State, 166 Tex.Cr.R.......
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State v. Norton, 84-306
...the trial court did not err in failing to give a cautionary instruction concerning these events. See also Evans v. State, 401 S.W.2d 602, 603-04 (Tex.Crim.App.1966) (evidence that defendant was under the influence of a drug at the time of her arrest was admissible as res gestae and did not ......
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Johnson v. State, 42588
...prostitute or being an inmate in a house of prostitution involved moral turpitude and could be used for impeachment. See Evans v. State, Tex.Cr.App., 401 S.W.2d 602; McIntosh v. State, 91 Tex.Cr.R. 392, 239 S.W. 622, and 62 Tex.Jur.2d, Sec. 271, p. 243. Appellant relies upon Etchieson v. St......