Johnson v. State, 32395.
| Decision Date | 14 December 1960 |
| Docket Number | No. 32395.,32395. |
| Citation | 341 S.W.2d 170 |
| Parties | Jimmy Charles JOHNSON, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
F. T. Gauen, Jr., Dallas, for appellant.
Henry Wade, Criminal Dist. Atty., Frank Watts, William F. Tucker, Phil Burleson, Assts. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for robbery with firearms; the punishment, 50 years.
The State's evidence shows that the injured party, Wayne Zerr, was an employee of a Seven-Eleven Store in the City of Dallas. The injured party testified that on the date alleged a man came into the store around 9:30 p. m. carrying a .22 rifle and commanded that he "put everything he had in a paper bag"; that he proceeded to open the cash register, take all the bills therefrom, which amounted to approximately $75, and put the same in a paper bag. He stated that the man then, while pointing the gun at him, proceeded to take the money without his consent and, after ordering him in an ice vault, left the premises.
The State's proof further shows that appellant was arrested two days later and after his arrest was positively identified by the injured party at a police lineup as the man who committed the robbery.
Appellant did not testify but called three witnesses who testified in support of his defense of alibi that he was at another place at the time of the commission of the robbery.
The jury chose to reject appellant's defense, and we find the evidence sufficient to sustain their verdict.
Appellant predicates his appeal upon four informal bills of exception.
He first complains of the court's action in overruling his objection to a question propounded by State's counsel to the prosecuting witness on re-direct examination which inferred that appellant was the man who committed the robbery. In view of appellant's positive identification by the prosecuting witness as the man who robbed him, we perceive no injury to appellant in the form of the question propounded and in the court's ruling. We find no merit in appellant's contention that in overruling the objection the court's statement constituted a comment upon the weight of the testimony in violation of Article 707, Vernon's Ann.C.C.P. Furthermore, appellant made no objection to the court's ruling upon such ground.
Complaint is made of the court's refusal to grant a mistrial because of a question propounded to the witness...
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Hart v. State
...was permitted to cross examine as to contradictory statements. Rivera v. State, Tex.Cr.App., 406 S.W.2d 466; Johnson v. State, 170 Tex.Cr.R. 349, 341 S.W.2d 170. See also Article 38.24, Ground of error #7 is overruled. In his eighth ground of error appellant contends it was error for the St......
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Johnson v. Beto
...on appeal to the Texas Court of Criminal Appeals. See Johnson v. State, 170 Tex.Cr.R. 173, 339 S.W.2d 214 (1960); Johnson v. State, 170 Tex.Cr.R. 349, 341 S.W.2d 170 (1960). Appellant's petition for a writ of habeas corpus in the state court was denied without written order. The sentences i......
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Binyon v. State, 51066
...admissible, we would hold that the materiality of the evidence was not such as would constitute reversible error. Johnson v. State, 170 Tex.Cr.R. 349, 341 S.W.2d 170 (1960); Hatfield v. State, 161 Tex.Cr.R. 362, 276 S.W.2d 829 This ground of error is overruled. The judgment is affirmed. Opi......
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Cole v. State, 42549
...110 Tex.Cr.R. 512, 8 S.W.2d 144, 9 S.W.2d 358, 60 A.L.R. 290; 50 Tex.Jur.2d, Robbery, Sec. 38, p. 195. Further, in Johnson v. State, 170 Tex.Cr.R. 349, 341 S.W.2d 170, a robbery by firearms conviction, this Court said: 'Appellant's last complaint is to the admission in evidence of a pistol,......