Jarman v. State

Decision Date20 March 1929
Docket Number(No. 12412.)
Citation16 S.W.2d 130
PartiesJARMAN v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from District Court, Grayson County; Silas Hare, Judge.

Silas Jarman, alias Eugene Hines, was convicted of robbery with a deadly weapon, and he appeals. Affirmed.

C. Huggins, of Sherman, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

CHRISTIAN, J.

The offense is robbery with a deadly weapon; the punishment, death.

The case was tried in Grayson county on a change of venue from Cook county; the venue having been changed on the motion of the court.

Appellant, a negro, was picking cotton on the farm of A. R. Hassenpflug. Mr. Hassenpflug was away from home on the occasion of the assault. His wife, who was a frail woman weighing about 104 pounds, was at the house asleep, and appellant was working in the field. About 11:15 a. m. appellant came to the house and requested Mrs. Hassenpflug to take him over to the field where the good cotton was. Appellant's manner and demeanor made her uneasy, and she sought for something that might be used to defend herself, but, being unable to find anything, concluded that it was better to comply with appellant's request. The cotton scales, consisting of a round piece of iron with a hook at both ends and an iron 8-pound "pea and steel-yard" were placed in the back of the automobile by appellant. He also placed a half-gallon fruit jar of water in the car. On the way to the field, appellant became impudent. He inquired as to the whereabouts of Mrs. Hassenpflug's husband, and finally reached down and turned off the switch of the automobile. He endeavored to place his arms around Mrs. Hassenpflug. She attempted to get out of the car, and appellant grabbed her by the hair and pulled her back. She screamed, and appellant advised her that he would kill her if she did not hush. He asked her to have sexual intercourse with him. He beat her with his fists, and told her that he had been "itching to get hold of those pretty white women riding around in big cars." He said that the car was his now. He exhibited the 8-pound steel-yard, and struck her over the head with it. She became unconscious for a while. She shortly regained consciousness, and he struck her three more blows on the head with the steel-yard, severely injuring her. He attempted to tear off her clothes. He then struck her on the head with the fruit jar. He cut her bloomers with a piece of glass from the fruit jar. He exhibited his private parts and attempted to have intercourse with her. She kicked and fought him, finally kicking him from the car. He got into the car again, and, throwing her down, sat on her chest. His clothes were still unbuttoned and his private parts exposed. He struck her on the pelvis bone with the steel-yard. He choked her and cut her tongue with a piece of the glass from the broken fruit jar. He stated that he was going to leave with the car, that she could not talk, and that nobody would ever catch him. She became unconscious and did not regain consciousness until about 4 o'clock in the afternoon. Appellant had gone, taking the car and some articles of clothing from the house with him. He was found in possession of the stolen automobile and some of the clothes. He had a wound in his hand caused by the breaking of the fruit jar. There was blood on his clothing and on the automobile. He was positively identified by Mrs. Hassenpflug. Other witnesses testified to the fact that appellant had gone to the Hassenpflug place on the morning of the assault to pick cotton and to having seen him in the car with Mrs. Hassenpflug going in the direction of her husband's farm. The description of the steel-yard used by appellant in committing the robbery shows beyond question that it was a deadly weapon. Appellant offered no testimony except on the question of his age at the time the offense was committed. Appellant's grandmother testified that he was under 17 years of age on the date of the commission of the offense. His father testified that he was more than 17 years of age at said time. Appellant's grandmother was impeached. Appellant had theretofore given testimony in the juvenile court of Harris county to the effect that he was born October 31,...

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4 cases
  • Clarich v. State, 20356.
    • United States
    • Texas Court of Criminal Appeals
    • 26 d3 Abril d3 1939
    ...59 S.W.2d 389; Ray v. State, 116 Tex.Cr.R. 575, 28 S.W.2d 1084; Wilhite v. State, 116 Tex.Cr.R. 314, 27 S.W.2d 817; Jarman v. State, 112 Tex.Cr.R. 239, 16 S.W.2d 130; Vardeman v. State, 106 Tex.Cr.R. 378, 292 S.W. 546; Barnes v. State, 106 Tex.Cr.R. 394, 292 S.W. 548; Smith v. State, 104 Te......
  • Spencer v. State, 28891
    • United States
    • Texas Court of Criminal Appeals
    • 3 d3 Abril d3 1957
    ...commission of the offense here charged, hence a part of the res gestae. No error is shown. Branch's Ann.P.C., Sec. 166; Jarman v. State, 112 Tex.Cr.R. 239, 16 S.W.2d 130; Crumrine v. State, 153 Tex.Cr.R. 611, 224 S.W.2d 243; 11 Tex.Dig[est], Criminal Law, Appellant complains of the admissio......
  • Fite v. State
    • United States
    • Texas Court of Criminal Appeals
    • 11 d3 Abril d3 1956
    ...commission of the offense here charged, hence a part of the res gestae. No error is shown. Branch's Ann.P.C.Secs. 166; Jarman v. State, 112 Tex.Cr.R. 239, 16 S.W.2d 130; Crumrine v. State, 153 Tex.Cr.R. 611, 224 S.W.2d 243; 11 Tex.Dig., Criminal Law, Appellant contends that the court erred ......
  • Washington v. State, 27949
    • United States
    • Texas Court of Criminal Appeals
    • 8 d3 Fevereiro d3 1956
    ...the shooting occurred because the deceased refused to sit idly by while the appellant ravished his sweetheart. In Jarman v. State, 112 Tex.Cr.R. 239, 16 S.W.2d 130, 131, we 'The rule that, where several crimes are intermixed and blended with one another or so connected as to form an indivis......

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