Hill v. State, 42924
| Decision Date | 10 June 1970 |
| Docket Number | No. 42924,42924 |
| Parties | George HILL, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
O'Neal Dendy, San Angelo, for appellant.
Frank C. Dickey, Jr., Dist. Atty., and David A. Robertson, Asst. Dist. Atty., San Angelo, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is assault with intent to murder with malice aforethought; the punishment, assessed by the court after a verdict of guilty, 12 years.
In both grounds of error the appellant challenges the sufficiency of the evidence to sustain the conviction.
Roy Hughes, a truck driver, testified that on the night of August 10--11th, 1968, while on a trip from San Antonio to Trinidad, Colorado, he stopped his truck at a roadside park on U.S. Highway 87, 14 or so miles from Sterling City, around 10 p.m. and went to sleep in the truck sleeper behind the cab. He awoke thinking he had been in a headon collision only to discover he was being struck in the head (three times) and that the truck doors were open. As he sat up he was shot under the left arm and he hollered. Hughes then saw 'somebody go by the hood of my truck.' While he was trying to close the truck doors a man came up and fired at him twice more but missed. Hughes then drove north toward Big Spring and stopped at the house of Dick Dubose who took him to a hospital where Dr. Cowper removed a bullet which had caused his left lung to partially collapse.
Dr. Cowper testified that Hughes had an abrasion and contusion and laceration under his right eye such as could have been caused by a blunt instrument. Hughes testified that as a result of injuries to his head his face was now misshapen. Hughes was unable to identify his assailants.
Beverly Ann Hill testified that on the night in question she was a passenger in an automobile being driven by Lamar Cole en route from Hobbs, New Mexico to San Angelo, Texas, accompanied by the appellant Hill, Sister Girl (Katherine Gaffney), Baby Red, and Hayes Williams; that as they proceeded toward San Angelo they observed a large truck parked on the side of the road and Lamar Cole said, 'Let's hijack that truck'; that Cole pulled a gun from under the floor mat and then he and the appellant Hill got out of the car and proceeded toward the truck; that five or ten minutes later they came back to the automobile breathing heavily and Cole said, 'I shot the man right here and he squealed like a pig.'
Hayes Williams testified he was a passenger in Lamar Cole's car on the occasion in question and had gone to sleep; that when he awoke he observed Cole and the appellant running back to the car breathing heavily; that Cole said when he shot the truck driver George (the appellant) was hitting the truck driver with a stick and that the appellant...
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