Lindsey v. State, 47199
| Decision Date | 31 October 1973 |
| Docket Number | No. 47199,47199 |
| Citation | 501 S.W.2d 647 |
| Parties | Johnny Earl LINDSEY, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
John Ellis, Dallas, for appellant.
Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.
The offense is murder; the punishment, twenty-five (25) years.
Trial was before the court without the intervention of a jury.
Appellant raises two grounds of error, both of which go to the sufficiency of the evidence.
Appellant contends that the State failed to establish malice and intent to kill, and failed to identify appellant as the party responsible for the fatal injuries.
Shortly before 6:00 p.m. on May 6, 1970, appellant took his three-year-old illegitimate son, Kenneth S. Wagner, to Parkland Hospital in Dallas. The boy was pronounced dead on arrival. Officer Kimbrell, on duty at the hospital, viewed the body and testified that the boy was 'one of the worst badly bruised children that I've ever seen, and I've saw (sic) several of them'. He testified that the boy appeared to have been struck with some kind of instrument. Officer Kimbrell questioned appellant and appellant stated that he had whipped the boy that morning.
Patsy Anthony testified as a witness for the State that she was the boy's mother. She stated that the physical custody of the child was with her some of the time and with the appellant some of the time. She testified that appellant had threatened her several times in the past, and that appellant had admitted that bruises she observed on the child were caused by whippings administered by appellant.
Through Dr. Sturner, a Dallas County medical examiner, the autopsy report regarding the child's body was received in evidence. The report indicated that the child weighed 40 pounds and appeared to be three years old. The report further described extensive injuries, including the following:
'subcutaneous and muscular hemorrhage (fresh bleeding) in the soft tissues of the back;
hemorrhage around spinal cord;
brain hemorrhage;
bruises, skin scrapes, extensive hemorrhage of the neck;
extensive hemorrhage and bruises in chest and upper left arm;
bruises and scrapes on the right cheekbone, the forehead, and chin;
injuries to legs and buttocks at least a month old.'
The autopsy indicated that there were more than 25 recent injuries to the child's back, and that there was at least a half pint of fresh and clotted blood beneath the skin.
Dr. Sturner testified that the boy died from multiple injuries inflicted by a human being using some object, the nature and description of which was unknown and could not be determined. He testified that the head injuries, together with the brain hemorrhage, would be capable of causing death, as well as the back injuries. It was Dr. Sturner's opinion that the injuries were inflicted within a twenty-four hour period prior to death and that the injuries could not have been caused by a fall or an animal because of the severity of the injuries, their location, pattern, shape, and an absence of 'gnawing' or 'gouging'. He further testified that in his opinion, except for the injuries to the buttocks and legs, all the injuries occurred at about the same point in time.
Appellant, testifying...
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Montgomery v. State
... ... Additionally, we must take into account the extent of the injuries and the relative size and strength of the parties. Lindsey ... v. State, 501 S.W.2d 647, 648 (Tex.Crim. App.1973), cert. denied, 416 U.S. 944, 94 S.Ct. 1953, 40 L.Ed.2d 296 (1974). Appellant was a ... ...
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Loven v. State
...injuries did not reflect a single freak accident or a single instance of injury at the hands of his brother. See Lindsey v. State, 501 S.W.2d 647, 648 (Tex.Crim.App.1973). Further, the fact that appellant admitted injuring Stephen the night before his death militates against the reasonablen......
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Moore v. State
...and therefore, does involve the defendant's conduct. As for the size and strength of the parties, Patrick cites Lindsey v. State, 501 S.W.2d 647, 648 (Tex.Crim.App.1973), cert. denied, 416 U.S. 944, 94 S.Ct. 1953, 40 L.Ed.2d 296 (1974), which in turn cites Encina v. State, 471 S.W.2d 384 (T......
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Patrick v. State
...It may also be inferred from the extent of the injuries and the relative size and strength of the parties. Lindsey v. State, 501 S.W.2d 647, 648 (Tex.Cr.App.1973), cert. denied, 416 U.S. 944, 94 S.Ct. 1953, 40 L.Ed.2d 296 (1974). The State correctly points out that the requisite intent coul......