Hobson v. State, 41848
Decision Date | 19 March 1969 |
Docket Number | No. 41848,41848 |
Citation | 438 S.W.2d 571 |
Parties | Charles Odis HOBSON, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Thomas E. Berry, Chester E. Darnell, Houston, for appellant.
Carol S. Vance, Dist. Atty., Phyllis Bell and Joe Maida, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is assault with intent to murder with malice; the punishment, 8 years.
Trial was before a jury on a plea of not guilty and the punishment was assessed by the jury.
The sufficiency of the evidence to sustain the finding of the jury is challenged.
Mary Jean _ _, upon whom the assault was alleged to have been made, was the ten weeks old daughter of the state's principal witness who testified in part that while she was living with appellant, though not married to him, something unusual happened to her baby, Mary Jean.
'A. Charles Odis Hobson.
'
Dr. Al Jaffee, who at that time was a resident in pediatrics assigned to Ben Taub Hospital, testified and the medical records of said hospital concerning Mary Jean were introduced.
Dr. Jaffee testified that he first saw Mary Jean on April 1, 1967, at Ben Taub Hospital, and treated her.
'
Appellant testified in his own behalf. His version was that he was attacked on the night before and had no recollection of what occurred on the morning he, according to Mary Lou, assaulted her infant daughter Mary Jean, and that he could not have committed the assault because he couldn't get out of bed during that time.
Appellant also testified that he saw Mary Lou spank the baby in the afternoon and that she told him that she dropped Mary Jean.
The contention is advanced that the evidence is insufficient to show an intent to kill the baby.
Hignett v. State, 170 Tex.Cr.R. 342, 341 S.W.2d 166, which appellant seeks to distinguish, is deemed authority for upholding the jury's verdict. In view of the tender age of the child; the extent of the injuries inflicted; the continued assault in spite of the mother's begging him to stop it; the long delay in seeking medical aid for the baby, in spite of the mothers' pleas; and the attempt to have the mother give a false explanation of the injuries, we find the evidence sufficient to sustain the jury's finding that appellant committed the assault with malice and with intent to kill.
In Hignett v. State, supra, we said:
'It would be difficult to envision a set of facts showing an adequate cause for such an assault by a sane man upon a three months old baby or showing a purpose of the person wilfully inflicting such injuries by an assault other than to take the life of the baby.'
In Smith v. State, 160 Tex.Cr.R. 227, 268 S.W.2d 144, we said:
'An assault with intent to murder upon a helpless child between 9 and 11 months old could consist of the slightest violence applied to its tender body and not necessarily be confined to a vigorous assault as would be necessary against a person of mature age.'
See also Phillips v. State, Tex.Cr.App., 216 S.W.2d 213.
Appellant's second ground of error is predicated upon certain entries in the hospital records which indicate that the baby's injuries occurred at an earlier time which, together with other evidence,...
To continue reading
Request your trial-
Brown v. State
...inflicted, and the medical testimony given as the result of the autopsy. Encina v. State, Tex.Cr.App., 471 S.W.2d 384; Hobson v. State, Tex.Cr.App., 438 S.W.2d 571; Hignett v. State, 170 Tex.Cr.R. 342, 341 S.W.2d 166; Sadler v. State, Tex.Cr.App., 364 S.W.2d 234. The relative size and stren......
-
McGee v. State
...opinion from publication.5 All of which was known by Appellant.6 See LaFoon v. State, 543 S.W.2d 617 (Tex.Cr.App.1976); Hobson v. State, 438 S.W.2d 571 (Tex.Cr.App.1969); Tennison v. State, 168 Tex.Crim. 354, 327 S.W.2d 575 (1959); Calzada v. State, 416 S.W.2d 429, 431 ...
-
Haas v. State, 46060
...of the rule, this is not in itself automatically reversible error. Romero v. State, 458 S.W.2d 464 (Tex.Cr.App.1970); Hobson v. State, 438 S.W.2d 571 (Tex.Cr.App.1969). It has long been the rule in Texas that a violation of the rule may not be relied upon as a ground for reversal Unless an ......
-
Murphy v. State, 45137
...reversal. A violation of the rule is not in itself reversible error. Romero v. State, 458 S.W.2d 464 (Tex.Cr.App.1970); Hobson v. State, 438 S.W.2d 571 (Tex.Cr.App.1969). It has long been the rule in Texas that a violation of the rule may not be relied upon as ground for reversal unless an ......