Lambrecht v. State
| Citation | 409 S.W.2d 861 |
| Decision Date | 23 November 1966 |
| Docket Number | No. 39242,39242 |
| Parties | James Allen LAMBRECHT, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Jack Hampton, Dallas, for appellant.
Henry Wade, Dist. Atty., Frank Watts, Tom F. Reese, Jr., W. John Allison, Jr., and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for robbery; the punishment, nine years.
Notice of appeal was given prior to January 1, 1966.
Glen Otis Hall testified that on September 3, he had been operating a service station owned by Raymond St. Clair for about two weeks; that the appellant had been coming by the station almost daily during this time; that while alone about 3 a.m., September 3, he looked up, after hearing footsteps, to see a man wearing a brown paper mask with his hand in a sack containing what looked like a pistol, saying: 'Git in that washroom or I'll blow you in two,' which put him in fear of his life or bodily injury; that he had seen the appellant across the street at another service station about midnight and at 2 a.m., before the robbery at 3 a.m.; that the robber's face was only partially covered, and he recognized the side of the face, the physical build, and the voice of the robber as those of the appellant, and identified the appellant, while testifying, as the man who robbed him and he so informed the officers who apprehended the appellant about 4:30 a.m., that night; that he had the care, control, and management of the station and the property therein, and that he did not give the appellant or anyone his consent to take the money from the cash register which was more than one hundred dollars.
Raymond St. Clair, the owner of the station, testified that the appellant had operated the station for him from July until the latter part of August, 1964; that more than three hundred dollars was missing from the station after the robbery on September 3; and that Hall had possession of the station at the time of the robbery.
The testimony reveals that the appellant was apprehended as he was leaving his apartment at 4:30 a.m., following the robbery at 3 a.m.; and the money taken in the robbery was found by the officers in the apartment at the direction of the appellant, and also at appellant's direction credit cards and checks taken in the robbery were found by the officers on a nearby lot.
Following the introduction of testimony which complied with the statutory provisions in effect at the time of the making of a written statement by the appellant, September 3, 1964, it was introduced in evidence by the state and reads in part as follows:
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McKinney v. State
...See and compare Frison v. State, 473 S.W.2d 479 (Tex.Cr.App.1971); Mays v. State, 434 S.W.2d 140 (Tex.Cr.App.1968); Lambrecht v. State, 409 S.W.2d 861 (Tex.Cr.App.1966). Next, appellant complains that the prosecutor improperly impeached him by the use of prior On direct examination at the D......