Gray v. State, No. 44291

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Citation475 S.W.2d 246
Decision Date30 November 1971
PartiesGeorge Edward GRAY, Appellant, v. The STATE of Texas, Appellee.
Docket NumberNo. 44291

Page 246

475 S.W.2d 246
George Edward GRAY, Appellant,
v.
The STATE of Texas, Appellee.
No. 44291.
Court of Criminal Appeals of Texas.
Nov. 30, 1971.
Rehearing Denied Feb. 2, 1972.

Joe C. Shaffer, Houston (court appointed on appeal) for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Robert C. Bennett, Jr., Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

DAVIS, Commissioner.

This is an appeal from a conviction for murder with malice. The punishment was assessed by the jury at 75 years.

The record reflects that the appellant and deceased had been living with two sisters in the same house and that two days before the deceased was killed, the deceased had raped the sister appellant had been living with; that on the day in question, appellant went to the house where the girl deceased was to marry lived, and according to appellant, he took a gun with him because he knew that deceased had a gun, and that his purpose in going was to persuade deceased to leave town; that appellant asked deceased to go outside and talk and get things straight and that deceased got up from where he was seated, took a couple of steps, came out of his pocket with a pistol and said, 'I am not going anywhere with you'; that the appellant and deceased 'tussled' and appellant got his gun out of his back pocket and shot deceased. The medical examiner testified that deceased had five bullet wounds.

Appellant first complains of the court's charge on limitation of impeachment evidence. Appellant's second contention is that the court should not have given a charge to the jury on self-defense. Appellant's first objections to these portions of the court's charge were made when appellant's brief was filed. No written objection or special requested charge was filed in accordance with Articles 36.14 and 36.15, Vernon's Ann.C.C.P., and nothing, therefore, is presented for review. Spencer v. State, Tex.Cr.App., 466 S.W.2d 749; Baity v. State, Tex.Cr.App., 455 S.W.2d 305; Burleson v. State, Tex.Cr.App., 449 S.W.2d 252.

Appellant complains of admission into evidence of testimony calculated to connect the appellant with the extraneous offense of breaking and entering a coin-operated machine. There was testimony that appellant was seen leaving the scene of the shooting in a certain described black panel truck.

Officer Wehr, of the Houston Police Department, testified that he found a truck answering the description in a...

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10 practice notes
  • Moreno v. State, No. 626-82
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • June 1, 1983
    ...It was held that appointed counsel had more than ten days to prepare. In Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Gray v. State, 475 S.W.2d 246 (Tex.Cr.App.1971); and Lee v. State, 478 S.W.2d 469 (Tex.Cr.App.1972), the records showed court-appointed counsel had had sufficient time ......
  • Henson v. State, No. 50702
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • December 19, 1975
    ...490 S.W.2d 851; Crothers v. State, 480 S.W.2d 642; cf. Carter v. State, 480 S.W.2d 735; Lee v. State, 478 S.W.2d 469; Gray v. State, 475 S.W.2d 246; Meeks v. State, 456 S.W.2d 938. The record reflects no properly executed waiver of the statutory ten day period with respect to the enhancemen......
  • Carter v. State, Nos. 45048
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • May 31, 1972
    ...defendant's counsel was appointed on the day the trial commenced. Like Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Gray v. State, 475 S.W.2d 246 (Tex.Cr.App.1971) and Lee v. State, Supra, it appears that counsel had had sufficient time to prepare for trial and the appointment was made......
  • Houston v. State, No. 45579
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • January 24, 1973
    ...of counsel in revocation of probation proceeding). Unlike Meeks v. State, Tex.Cr.App., 456 S.W.2d 938; Gray v. State, Tex.Cr.App., 475 S.W.2d 246 and Lee v. State, Tex.Cr.App., 478 S.W.2d 469, the record in this case does not affirmatively show that court-appointed counsel had sufficient ti......
  • Request a trial to view additional results
10 cases
  • Moreno v. State, No. 626-82
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • June 1, 1983
    ...It was held that appointed counsel had more than ten days to prepare. In Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Gray v. State, 475 S.W.2d 246 (Tex.Cr.App.1971); and Lee v. State, 478 S.W.2d 469 (Tex.Cr.App.1972), the records showed court-appointed counsel had had sufficient time ......
  • Henson v. State, No. 50702
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • December 19, 1975
    ...490 S.W.2d 851; Crothers v. State, 480 S.W.2d 642; cf. Carter v. State, 480 S.W.2d 735; Lee v. State, 478 S.W.2d 469; Gray v. State, 475 S.W.2d 246; Meeks v. State, 456 S.W.2d 938. The record reflects no properly executed waiver of the statutory ten day period with respect to the enhancemen......
  • Carter v. State, Nos. 45048
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • May 31, 1972
    ...defendant's counsel was appointed on the day the trial commenced. Like Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Gray v. State, 475 S.W.2d 246 (Tex.Cr.App.1971) and Lee v. State, Supra, it appears that counsel had had sufficient time to prepare for trial and the appointment was made......
  • Houston v. State, No. 45579
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • January 24, 1973
    ...of counsel in revocation of probation proceeding). Unlike Meeks v. State, Tex.Cr.App., 456 S.W.2d 938; Gray v. State, Tex.Cr.App., 475 S.W.2d 246 and Lee v. State, Tex.Cr.App., 478 S.W.2d 469, the record in this case does not affirmatively show that court-appointed counsel had sufficient ti......
  • Request a trial to view additional results

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