James v. State
| Decision Date | 27 April 1960 |
| Docket Number | No. 31912,31912 |
| Parties | Samuel Malcolm JAMES, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
J. P. Moseley, Dallas, for appellant.
Henry Wade, Crim. Dist. Atty., Jack Hampton, Paul Leech, Phil Burleson, Asst. Crim. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The offense is aggravated assault upon a female; the punishment, 6 months in jail.
Appellant and the prosecuting witness were husband and wife on the date of the alleged offense but were separated with a divorce case pending between them at the time. The prosecuting witness, who was living in the home of her mother, testified that on the night in question the appellant came to the home uninvited, entered the living room unannounced where she was watching television and stated that he had come after his papers; that she told appellant to leave, tried to push him toward the door and appellant started shoving her; that she then called for her daughter and mother and in response to the call her mother came to her rescue ; that in the scuffle which ensued the mother secured a baseball bat with which she hit the appellant on the forehead, whereupon appellant obtained the bat and struck the prosecuting witness on the arm, fracturing the bone. The testimony of the prosecuting witness was corroborated by that of her mother who was called as a witness by the state.
Testifying as a witness in his own behalf appellant denied striking the prosecuting witness on the night in question. Appellant testified that on such occasion he went to see the prosecuting witness at her invitation; that when he arrived he was admitted into the house by her and that while they were engaged in a conversation the mother in law entered the room and without any provocation struck him on the head with the baseball bat.
The court, in submitting the issue of appellant's guilt to the jury in his charge, to which no objections were made, charged the jury on the appellant's right of self-defense and upon the right of the prosecuting witness and her mother to protect their property against a trespasser.
The jury chose to accept the testimony of the state's witnesses and reject that of the appellant and we find the evidence sufficient to sustain their verdict.
No formal bills of exception appear in the record.
We have considered the eight informal bills of exception in the statement of facts to...
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Stone v. State, 51578
...object. Patterson v. State, 509 S.W.2d 857 (Tex.Cr.App.1974); Hendrix v. State, 474 S.W.2d 230 (Tex.Cr.App.1971); James v. State, 169 Tex.Cr.R. 526, 335 S.W.2d 603 (1960). Appellant has not shown good reason for his failure to timely object; therefore, any error is In his fifth ground of er......
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Hanna v. State, 52400
...regarded as hearsay withdrawn, he should have objected to its admission or moved the court to withdraw it at the time. James v. State, 169 Tex.Cr.R. 526, 335 S.W.2d 603. The court did not err in refusing the requested 1 McCormick and Ray, Texas Law of Evidence, supra, contains a discussion ......
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Hendrix v. State, 44201
...object waives error. See Clark v. State, Tex.Cr.App., 470 S.W.2d 869; Jones v. State, Tex.Cr.App., 388 S.W.2d 429; James v. State, 169 Tex.Cr.R. 526, 335 S.W.2d 603, and 5 Tex.Jur.2d, Section The appellant also complains of the admission into evidence of an instrument (apparently an offense......
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Evans v. State
...answer no reason is assigned for the delay and no request to withdraw the testimony, no reversible error is presented. James v. State, 169 Tex.Cr.R. 526, 335 S.W.2d 603. The objection, when made, did not set out any grounds and cannot be considered. Miller v. State, 166 Tex.Cr.R. 43, 310 S.......