Fields v. State

• Decision Date: 06 December 1961
• Docket Number: No. 33979,33979
• Citation: 171 Tex.Crim. 636,352 S.W.2d 729
• Parties: Jonathan FIELDS, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Criminal Appeals

Page 729

352 S.W.2d 729

171 Tex.Crim. 636

Jonathan FIELDS, Appellant, v. The STATE of Texas, Appellee.

No. 33979.

Court of Criminal Appeals of Texas.

Dec. 6, 1961.

[171 TEXCRIM 637] Richard D. Bird, Childress, for appellant.

John T. Forbis, Dist. Atty., Childress, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Judge.

The offense is assault with intent to murder; the punishment, 2 years.

Jimmy Ann Davis testified that she was at appellant's cafe on the night in question and that an argument erupted between appellant and one Oscar Davis, who was with her; that she sought to placate the men but that, in spite of her efforts, appellant cursed her, pulled out a pistol and shot at her twice, one bullet penetrating her stomach. She testified that she made no overt gesture toward appellant and that she was not armed. She testified further that after the shooting everyone fled the cafe and left her lying on the floor until the deputy sheriff arrived some thirty minutes later.

Oscar Davis testified that appellant accused him of breaking one of the windows in the cafe, that he denied his guilt, that Jimmy Ann offered to pay for the window, and appellant reached in his pocket, pulled out a pistol and shot the injured party. He testified that he was not armed and made no effort to injure appellant.

Dr. Goodall tesfified that Jimmy Ann was brought to his hospital on the night in question suffering from gunshot wounds, that he operated on her for three hours, and that she was in a critical condition.

Appellant, testifying in his own behalf, admitted the argument with Oscar about the broken window, stated that he asked Oscar and Jimmy Ann to leave, but that Jimmy Ann knocked over his soda water cases and began to shove his candy case when he shot her. He stated, 'I was intending to try to stop her from tearing up the place. * * * That is all I was trying to do. * * * When she shoved the case, I grabbed the case and grabbed the gun and shot.' When asked if he was shooting at Jimmy Ann Davis, appellant replied, 'Yes sir. I guess I was.'

[171 TEXCRIM 638] We find the evidence sufficient to support the conviction and shall discuss the one contention brought forward on appeal. The careful trial court charged the jury on the issue of self-defense against an attack upon appellant's person or upon his property. It is appellant's contention that he should have further submitted the defensive issue that the appellant 'merely fired his gun to...