Harrison v. State, No. 46932

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Citation501 S.W.2d 668
Docket NumberNo. 46932
PartiesWilliam Alton HARRISON, Appellant, v. The STATE of Texas, Appellee.
Decision Date28 November 1973

Page 668

501 S.W.2d 668
William Alton HARRISON, Appellant,
v.
The STATE of Texas, Appellee.
No. 46932.
Court of Criminal Appeals of Texas.
Nov. 28, 1973.

Warren Heagy, Odessa, for appellant.

Richard Countiss, Dist. Atty., Spearman, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

JACKSON, Commissioner.

The conviction was for murder with malice; the punishment, forty-five (45) years.

Page 669

On the morning of September 15, 1971, the body of Carol Lynn Martin, clad in panties and bra, was discovered by a workman in a pasture some 25 to 35 feet from a farm-to-market highway near Borger. She was subsequently identified by a friend. On the night of her death she had been wearing a pink blouse, navy blue slacks, white shoes and a reddish blonde wig. Blood stained clothing matching that description was found on the roadway near her body. She had been stabbed and cut many times, shot and beaten. Much circumstantial evidence connected appellant and Frankie Wilbourn, recently released from the penitentiary, with the offense. The deceased was intoxicated and was on the highway to 'hitch' a ride. She was forced into the automobile of Wilbourn by appellant with a pistol. She was frightened into yielding to sexual intercourse by both men, after which she was killed and her body left in a pasture near the highway. Appellant signed four statements, the first three of them placing the entire blame for the killing on Wilbourn, and then in his fourth statement he admitted furnishing the knife to Wilbourn with which he stabbed the woman, shooting at her and striking her once. The men had also been drinking heavily.

The sufficiency of the evidence is not challenged.

In his first ground of error, appellant urges us to reverse because the court admitted in evidence items of the bloody clothing of the deceased.

It is his contention that since he stipulated that the clothing was that worn by deceased at the time of her death, that the body was that of Carol Lynn Martin and that the autopsy was performed on her body, there was no disputed issue to which the clothing was relevant.

The burden of proof was upon the State to prove all the allegations in the indictment. All the facts of the case were relevant, to show the identity of the victim, the manner of the killing, and the atrociousness of the crime to enable the jury to determine punishment.

By the device of stipulations, the appellant could not deprive the State of the duty and the function of presenting to the jury all relevant evidence, nor avoid facing the full facts of the crime. Moss v. State, 135 Tex.Cr.R. 404, 120 S.W.2d...

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14 practice notes
  • Short v. State, No. 48695
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • July 10, 1974
    ...bloody clothing, if they have relevancy such that a verbal description thereof would be admissible. Harrison v. State, Tex.Cr.App., 501 S.W.2d 668, and cases therein cited. Certainly the axe handle with appellant's fingerprint on it, obviously used to assist in the perpetration of this crim......
  • Chappell v. State, Nos. 48820
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 5, 1975
    ...to the jury all evidence relevant to an offense, nor may he thereby avoid facing the full facts of the crime. See Harrison v. State, 501 S.W.2d 668 (Tex.Cr.App.1973) and cases cited Appellant Twine next advances seven grounds of error which are argued together. The contentions are multifari......
  • Sexton v. State
    • United States
    • Court of Appeals of Texas
    • November 15, 2000
    ...by the authorities. Williams, 958 S.W.2d at 196; Jones v. State, 843 S.W.2d 487, 501 (Tex. Crim. App. 1992); see Harrison v. State, 501 S.W.2d 668, 669 (Tex. Crim. App. 1973) (defendant cannot "deprive State of the duty and function of presenting to the jury all relevant evidence, nor avoid......
  • Culley v. State, No. 48060
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 13, 1974
    ...Fields v. State, Tex.Cr.App., 500 S.W.2d 500; Kalinec v. State, Tex.Cr.App., 500 S.W.2d 146. See also Harrison v. State, Tex.Cr.App., 501 S.W.2d 668. Having found no reversible error, we affirm the Opinion approved by the Court. ...
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14 cases
  • Short v. State, No. 48695
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • July 10, 1974
    ...bloody clothing, if they have relevancy such that a verbal description thereof would be admissible. Harrison v. State, Tex.Cr.App., 501 S.W.2d 668, and cases therein cited. Certainly the axe handle with appellant's fingerprint on it, obviously used to assist in the perpetration of this crim......
  • Chappell v. State, Nos. 48820
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 5, 1975
    ...to the jury all evidence relevant to an offense, nor may he thereby avoid facing the full facts of the crime. See Harrison v. State, 501 S.W.2d 668 (Tex.Cr.App.1973) and cases cited Appellant Twine next advances seven grounds of error which are argued together. The contentions are multifari......
  • Sexton v. State
    • United States
    • Court of Appeals of Texas
    • November 15, 2000
    ...by the authorities. Williams, 958 S.W.2d at 196; Jones v. State, 843 S.W.2d 487, 501 (Tex. Crim. App. 1992); see Harrison v. State, 501 S.W.2d 668, 669 (Tex. Crim. App. 1973) (defendant cannot "deprive State of the duty and function of presenting to the jury all relevant evidence, nor avoid......
  • Culley v. State, No. 48060
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 13, 1974
    ...Fields v. State, Tex.Cr.App., 500 S.W.2d 500; Kalinec v. State, Tex.Cr.App., 500 S.W.2d 146. See also Harrison v. State, Tex.Cr.App., 501 S.W.2d 668. Having found no reversible error, we affirm the Opinion approved by the Court. ...
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