Jenkins v. State
| Decision Date | 27 November 1968 |
| Docket Number | No. 41640,41640 |
| Citation | 435 S.W.2d 505 |
| Parties | Johnny Lee JENKINS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Jim Law, Dallas, for appellant.
Henry Wade, Dist. Atty., Douglas Mulder, John Stauffer, Camille Elliott, Malcolm Dade, and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is robbery by assault; the punishment, 10 years.
The sufficiency of the evidence to sustain the conviction is not challenged.
Appellant's first ground of error relates to an alleged unresponsive answer given by a State's witness during cross-examination. Immediately after the alleged unresponsive answer was given, appellant's counsel requested that the court instruct the jury to disregard the answer, which the court promptly did. No further action was requested by appellant, and no error is therefore before this Court. Hughes v. State, 433 S.W.2d 698 (delivered October 23, 1968), and Burks v. State, Tex.Cr.App., 432 S.W.2d 925 (delivered October 30, 1968).
As his second ground of error, appellant contends that the prosecuting attorney committed error in questioning appellant about a prior conviction during cross-examination. No objection to such questioning was made, and therefore no error is presented. Ellis v. State, Tex.Cr.App., 379 S.W.2d 342.
Finding no reversible error, the judgment of the trial court is affirmed.
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Hopkins v. State
...was no error. Appellant received all the relief which he requested. Moon v. State, 465 S.W.2d 172 (Tex.Crim.App.1971); Jenkins v. State, 435 S.W.2d 505 (Tex.Crim.App.1968). Also, the refusal to grant appellant's motion for mistrial was not error. It has long been held by this Court that the......
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Brown v. State
...no error. Appellant was given all the relief which he requested. Moon v. State, 465 S.W.2d 172 (Tex.Cr.App.1971); Jenkins v. State, 435 S.W.2d 505 (Tex.Cr.App.1968). Appellant contends in his sixth ground of error that the trial court erred in admitting his oral statement which was made at ......
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Humphrey v. State, 44688
...moved for mistrial only after the conclusion of the testimony. By failing to timely object, appellant waived any error. Jenkins v. State, 435 S.W.2d 505 (Tex.Cr.App.1968); Clayton v. State, 172 Tex.Cr.R. 595, 361 S.W.2d 385 (1962); Horton v. State, 169 Tex.Cr.R. 210, 333 S.W.2d 380 (1960). ......
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Moon v. State
...the questions, nor did he move for a mistrial. He was granted all the relief asked for when objections were sustained. Jenkins v. State, Tex.Cr.App., 435 S.W.2d 505; Drake v. State, Tex.Cr.App., 415 S.W.2d 184; Bradley v. State, Tex.Cr.App., 409 S.W.2d 863. It is clear that the court did no......