Jackson v. State, 50595
Decision Date | 19 November 1975 |
Docket Number | No. 50595,50595 |
Citation | 529 S.W.2d 544 |
Parties | Charles Bruno JACKSON, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Robert T. Baskett, Dallas, for appellant.
Henry Wade, Dist. Atty., Steve Wilensky, John Ovard and Fred Davis, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. Mc.Angus, Asst. State's Atty., Austin, for the State.
DAVIS, Commissioner.
Appeal is taken from a conviction for robbery with firearms. Punishment was assessed by the jury at thirty-five years.
The indictment alleged the offense occurred on or about December 20, 1973 and the record reflects that trial was in July, 1974.
Raymond Edwards, assistant manager of a 7--Eleven Store on the corner of Beckley and Elmore in Dallas, identified appellant as one of three men who entered the store together on the night of December 20, 1973. One of the men (not appellant) brandished a gun and said, 'Let me have all of your money,' and the testimony of Edwards reflects that after 'around $500' was taken appellant said, 'Let's go.' Another store employee, Ronald Jones, was present in the store at the time of the robbery.
Two of appellant's grounds of error are directed to the prosecutor's argument at the punishment stage of the trial. Appellant's complaints are directed to the prosecutor's argument that the witness Cornelia Collins was one of appellant's victims and appellant urges that his motion for mistrial directed to such argument should have been granted and further that such argument implied appellant's guilt of another offense and denied appellant a fair and impartial trial.
The record reflects that Cornelia Collins testified that she knew appellant, that she came to know him 'on the night of December 22nd, at about 8:10 p.m.' and that she knew his general character and reputation in the community in which he resides for being a peaceful and law-abiding citizen. The witness testified regarding appellant's reputation, 'It's bad, very bad.' The witness further stated that she was not present nor did she have anything to do with the case being tried.
The appellant complains of the following argument of the prosecutor at the punishment stage relative to the witness Collins:
'You know that the robbery in this case occurred on December 20 in the evening hours, don't you?
'She told you when she came to know him, she told you his reputation was very bad, and we observed a person, and you observed their demeanor, and you remember observing her when she testified the way she rung her hands. The demeanor she had, the look she had when she saw that man again that she identified for you, and you don't have to close your eyes to that, because that's what the second hearing was all about.
'. . . I'll remember specifically calling her back for one additional question as she started to leave, 'You were not involved in the case that we are trying here today, were you?' and she said, 'No.'
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