Lanham v. State, No. 44194

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtODOM; MORRISON
Citation474 S.W.2d 197
Docket NumberNo. 44194
Decision Date16 November 1971
PartiesHarry Andrew LANHAM, Appellant, v. The STATE of Texas, Appellee.

Page 197

474 S.W.2d 197
Harry Andrew LANHAM, Appellant,
v.
The STATE of Texas, Appellee.
No. 44194.
Court of Criminal Appeals of Texas.
Nov. 16, 1971.
Rehearing Denied Jan. 11, 1972.

C. C. Divine, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Roland Dahlin, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of aggravated assault; punishment was assessed by a jury at two years in jail and a fine of $1,000.00.

The injured party was five years of age. Appellant and the child's mother were in Houston staying at a motel. Several persons saw the child and noticed bruises on her. The police were called. They took custody of the child and placed her in a hospital. Dr. Jerry Edwards examined her when she was brought to the emergency room of the hospital. At the trial, he testified that the child was quite battered when he first examined her, having multiple bruises under her eyes and on her body and extremities. He also testified that these injuries were compatible with the type that would be inflicted by use of a fist or a belt. The child testified that the appellant had beaten her on several occasions with his fists and with a leather belt. The mother testified to the same effect. 1 Appellant did not testify nor call any witnesses in his behalf.

The evidence is sufficient to support the verdict.

Appellant complains that the trial court erred in admitting photographs of the child into evidence. The exhibit in question consists of nine color photographs of the child which were taken shortly after she had been placed in police custody. These were identified as being a fair and accurate representation of the child's condition at that time by the police woman who had been present when the photographs were taken.

Appellant attacks the admissibility of this exhibit on two grounds. He complains that the photographs were staged and that they were so inherently inflammatory that he was denied a fair trial.

The due process test for photographic evidence was stated cogently in Burns v. Beto, 371 F.2d 598, at 601 (5th Cir. 1966):

'* * * so long as photographs accurately represent what they purport to depict and are logically relevant, their extreme gruesome and prejudicial character cannot make their admission in evidence

Page 199

amount to a denial of due process.'

The photographs admitted into evidence in the instant case were properly authenticated by a witness who was present when they were taken. Fobbs v. State, Tex.Cr.App., 468 S.W.2d 392. They are logically relevant to a determination of the extent of the child's injuries and of whether the requisite intent and malice were present when those injuries were inflicted. We find no violation of due process. Burns v. Beto, supra;...

To continue reading

Request your trial
61 practice notes
  • Smith v. State, No. 68906
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 19, 1984
    ...625. Determination as to the admissibility of photographic evidence rests largely in the discretion of the trial judge. Lanham v. State, 474 S.W.2d 197 Based upon the record, we conclude it was not an abuse of discretion in admitting State's Exhibit Nos. 12 and 13 into evidence. Hence, appe......
  • Tezeno v. State, No. 44331
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • March 15, 1972
    ...on the admissibility of other types of evidence and must rest largely in the discretion of the trial judge. Lanham v. State, Tex.Cr.App., 474 S.W.2d 197 'Black and white photographs of the scene of a crime are admissible as an aid to the jury in interpreting and understanding the testimony ......
  • Nilsson v. State, 44493
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 16, 1972
    ...his decision absent a clear abuse of discretion. Martin v. State, Tex.Cr.App., 475 S.W.2d 265 (1972); Lanham v. State, Tex.Cr.App., 474 S.W.2d 197. While the photographs were not admitted, the nature of these injuries was fully described by Dr. Henry H. Dixon, who appeared as a witness for ......
  • Hammett v. State, No. 58453
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 28, 1979
    ...knows the scene or object involved and be able to state that the photograph correctly represents the facts. . . .' " See Lanham v. State, 474 S.W.2d 197 (Tex.Cr.App.1972); Martin v. State, 475 S.W.2d 265 (Tex.Cr.App.1972); Villarreal v. State, 547 S.W.2d 281 (Tex.Cr.App.1977); see also McCo......
  • Request a trial to view additional results
61 cases
  • Smith v. State, No. 68906
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 19, 1984
    ...625. Determination as to the admissibility of photographic evidence rests largely in the discretion of the trial judge. Lanham v. State, 474 S.W.2d 197 Based upon the record, we conclude it was not an abuse of discretion in admitting State's Exhibit Nos. 12 and 13 into evidence. Hence, appe......
  • Tezeno v. State, No. 44331
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • March 15, 1972
    ...on the admissibility of other types of evidence and must rest largely in the discretion of the trial judge. Lanham v. State, Tex.Cr.App., 474 S.W.2d 197 'Black and white photographs of the scene of a crime are admissible as an aid to the jury in interpreting and understanding the testimony ......
  • Nilsson v. State, 44493
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 16, 1972
    ...his decision absent a clear abuse of discretion. Martin v. State, Tex.Cr.App., 475 S.W.2d 265 (1972); Lanham v. State, Tex.Cr.App., 474 S.W.2d 197. While the photographs were not admitted, the nature of these injuries was fully described by Dr. Henry H. Dixon, who appeared as a witness for ......
  • Hammett v. State, No. 58453
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 28, 1979
    ...knows the scene or object involved and be able to state that the photograph correctly represents the facts. . . .' " See Lanham v. State, 474 S.W.2d 197 (Tex.Cr.App.1972); Martin v. State, 475 S.W.2d 265 (Tex.Cr.App.1972); Villarreal v. State, 547 S.W.2d 281 (Tex.Cr.App.1977); see also McCo......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT