Hackathorn v. State, No. 36935

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Citation85 S.Ct. 1570,422 S.W.2d 920
Decision Date24 June 1964
PartiesCarl Junior HACKATHORN, Appellant, v. The STATE of Texas, Appellee.
Docket NumberNo. 36935

Page 920

422 S.W.2d 920
Carl Junior HACKATHORN, Appellant,
v.
The STATE of Texas, Appellee.
No. 36935.
Court of Criminal Appeals of Texas.
June 24, 1964.
Rehearing Denied Oct. 21, 1964.
Certiorari Denied May 24, 1965.
See 85 S.Ct. 1570.

Phil Burleson, Dallas, Robert Power, Irving, for appellant.

Henry Wade, Dist. Atty., William F. Alexander, Frank Watts, A. D. Jim Bowie, Harryette Bercu, Ross Teeter and C. M. Turlington, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for murder; the punishment, death.

The testimony of the state shows that the appellant killed Bobbie Smith, a woman, by shooting her three times with a pistol above the left ear, the three bullets passing through and lodging in the right side of the brain, and causing her death instantaneously.

The appellant did not testify, but called his mother and a psychiatrist whose testimony supported his defense of insanity.

In rebuttal, the state called two doctors trained and experienced in the practice of psychiatry and four lay witnesses, all of whom expressed the opinion that the appellant was sane.

The jury resolved the issue of insanity against the appellant, and the evidence is sufficient to support the conviction.

It is insisted that the trial court erred in overruling appellant's motion for a continuance on the ground of refusal of the state to timely and immediately comply with the order of the court of May 2, 1963, made in response to appellant's motion, directing the state to indorse on the indictment the names of its witnesses.

On May 3, the district attorney was notified of the order to list the state's witnesses on the indictment, but this was not done until shortly before the voir dire examination of the venire began on May 6. The introduction of evidence on the merits began on May 11.

The statutory provision (Art. 392, C.C.P.) that the names of the witnesses upon whose testimony the indictment is found shall be indorsed thereon has been held directory and not mandatory. 1 Branch 2d 511, Sec. 534; Ellisor v. State, 162 Tex.Cr.R. 117, 282 S.W.2d 393; Newton v. State, 162 Tex.Cr.R. 519, 287 S.W.2d 179. It is undisputed that the appellant killed the deceased. The only issue was that of appellant's insanity as hereinbefore shown. He supported this defense by the testimony of his mother and a psychiatrist, and in rebuttal the state called two psychiatrists and four lay witnesses....

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17 practice notes
  • State v. Eads, No. 53408
    • United States
    • United States State Supreme Court of Iowa
    • April 8, 1969
    ...fair trial. State ex rel. Corbin v. Superior Court of Maricopa County, 99 Ariz. 382, 409 P.2d 547, 548; Hackathorn v. State, Tex.Cr.App., 422 S.W.2d 920, 922; State v. Cardinale, La., 206 So.2d 510, 511; State v. Tackett, 78 N.M. 450, 432 P.2d 415, 418, 20 A.L.R.3d 1; People v. Whitehead, 6......
  • United States ex rel. Clayton v. Mancusi, No. 69-C-1275.
    • United States
    • U.S. District Court — Eastern District of New York
    • May 13, 1971
    ...Cir. 1962), cert. denied, 372 U.S. 938, 83 S.Ct. 886, 9 L.Ed.2d 769 (1963); Id., 339 F.2d 872 (2d Cir. 1964), cert. denied, 381 U.S. 929, 85 S.Ct. 1570, 14 L.Ed.2d 688 (1965), and United States ex rel. Allen v. LaVallee, 411 F.2d 241 (2d Cir. 1969), cert. denied, 396 U.S. 971, 90 S.Ct. 458,......
  • Blyden v. Hogan, No. 70 Civ. 4878.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 30, 1970
    ...83 S.Ct. 886, 9 L.Ed.2d 769 (1963), and United States ex rel. Glinton v. Denno, 339 F.2d 872 (2d Cir. 1964), cert. den. 381 U.S. 929, 85 S.Ct. 1570, 14 L.Ed.2d 688 (1965), holding valid the admissibility at trial of statements given voluntarily by the defendant outside the presence of the a......
  • Hillman v. Nueces Cnty., No. 17-0588
    • United States
    • Supreme Court of Texas
    • March 15, 2019
    ...373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).7 Hackathorn v. State , 422 S.W.2d 920, 922 (Tex. Crim. App. 1964) ("It has been the consistent holding of this Court that counsel for the state is not required to furnish the accused with statements of witnesses, copies of reports, or his w......
  • Request a trial to view additional results
17 cases
  • State v. Eads, No. 53408
    • United States
    • United States State Supreme Court of Iowa
    • April 8, 1969
    ...fair trial. State ex rel. Corbin v. Superior Court of Maricopa County, 99 Ariz. 382, 409 P.2d 547, 548; Hackathorn v. State, Tex.Cr.App., 422 S.W.2d 920, 922; State v. Cardinale, La., 206 So.2d 510, 511; State v. Tackett, 78 N.M. 450, 432 P.2d 415, 418, 20 A.L.R.3d 1; People v. Whitehead, 6......
  • United States ex rel. Clayton v. Mancusi, No. 69-C-1275.
    • United States
    • U.S. District Court — Eastern District of New York
    • May 13, 1971
    ...Cir. 1962), cert. denied, 372 U.S. 938, 83 S.Ct. 886, 9 L.Ed.2d 769 (1963); Id., 339 F.2d 872 (2d Cir. 1964), cert. denied, 381 U.S. 929, 85 S.Ct. 1570, 14 L.Ed.2d 688 (1965), and United States ex rel. Allen v. LaVallee, 411 F.2d 241 (2d Cir. 1969), cert. denied, 396 U.S. 971, 90 S.Ct. 458,......
  • Blyden v. Hogan, No. 70 Civ. 4878.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 30, 1970
    ...83 S.Ct. 886, 9 L.Ed.2d 769 (1963), and United States ex rel. Glinton v. Denno, 339 F.2d 872 (2d Cir. 1964), cert. den. 381 U.S. 929, 85 S.Ct. 1570, 14 L.Ed.2d 688 (1965), holding valid the admissibility at trial of statements given voluntarily by the defendant outside the presence of the a......
  • Hillman v. Nueces Cnty., No. 17-0588
    • United States
    • Supreme Court of Texas
    • March 15, 2019
    ...373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).7 Hackathorn v. State , 422 S.W.2d 920, 922 (Tex. Crim. App. 1964) ("It has been the consistent holding of this Court that counsel for the state is not required to furnish the accused with statements of witnesses, copies of reports, or his w......
  • Request a trial to view additional results

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