Hudgeons v. State, 37316
| Decision Date | 09 December 1964 |
| Docket Number | No. 37316,37316 |
| Citation | 384 S.W.2d 720 |
| Parties | J. L. HUDGEONS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
No attorney of record on appeal for appellant.
Doug Crouch, Dist. Atty., Truman Power and Roland H. Hill, Jr., Asst. Dist. Attys., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for indecedent exposure to a child; the punishment, three years.
The prosecuting witness, a girl, age ten, lived with her father and mother near the dam on a lake. There was a road from their home to a fishing place which was among some trees and brush about one- fourth mile away. About 5:30 P.M., while the girl was riding her bicycle and turning around the trees near the fishing place to go back home, the appellant called to her and she went to the place among the trees where he was. When she got there the appellant 'had his person out,' and she saw his private parts, which he exposed to her; and he then took some money from his pocket and asked if she wanted to make thirty cents. At this time, telling appellant she had to go, the girl left, riding her bicycle directly to her home. When she got home she told her father, who was in the yard, that a man 'down there fishing' had offered her thirty cents. Her father then left for the fishing place and she went into the house.
The mother testified that when the girl came into the house '* * * she was terribly frightened and white and her eyes were so big and she said, * * * 'Mother, he showed himself to me and offered me thirty cents,' and said, 'I was so embarrassed I couldn't tell my father the bad part of it,' and she was so upset.' The mother further testified that the place to which the girl rode her bicycle, among the trees, was about one-fourth mile from home and that she was nine years of age at that time.
Except that the girl did not tell him of appellant's exposure of his privates, the father's testimony was substantially the same as that of the mother.
Testifying in his own behalf, the appellant admitted being present at the scene at the time in question. He stated that he suffered a kidney ailment and was answering a call of nature in some brush beside the road, when a small girl suddenly appeared and saw him; that he asked the girl to excuse him and turned his back; that the girl said she was going home to get her fishing pole and return to fish; that nothing was said about money; that in his opinion...
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Arvay v. State
...442 S.W.2d 393, 394 (Tex.Cr.App.1969) (statements made by a child after a sex offense are admissible as res gestae); Hudgeons v. State, 384 S.W.2d 720, 721 (Tex.Cr.App.1964). Arvay also complains that the evidence provided at trial is both factually and legally insufficient to support the j......
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Patterson v. State, 42784
...not 'upset' when she told him what happened. The appellant attempts to distinguish the cases relied upon by the State, Hudgeons v. State, Tex.Cr.App., 384 S.W.2d 720; Jundt v. State, 164 Tex.Cr.R. 437, 300 S.W.2d 73; Haley v. State, 157 Tex.Cr.R. 150, 247 S.W.2d 400; Muench v. State, 170 Te......
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Fretwell v. State, 42031
...to the hearsay rule. Statements made by a child shortly after a sex offense are admissible as part of the res gestae. Hudgeons v. State, Tex.Cr.App., 384 S.W.2d 720. The entire statement was admissible even though it referred to the beating the day Complaint is made in the second ground of ......