Loya v. State

• Decision Date: 23 June 1943
• Docket Number: No. 22557.,22557.
• Citation: 172 S.W.2d 508
• Parties: LOYA v. STATE.
• Court: Texas Court of Criminal Appeals

172 S.W.2d 508

LOYA v. STATE.

No. 22557.

Court of Criminal Appeals of Texas.

June 23, 1943.

Appeal from Criminal District Court, Willacy County; Geo. C. Westervelt, Judge.

Eusebio Loya, Jr., was convicted of murder, and he appeals.

Judgment reversed and cause remanded.

F. G. Garza and Jesse G. Foster, both of Raymondville, for appellant.

Spurgeon E. Bell, State's Atty., of Austin, for the State.

GRAVES, Judge.

Appellant was charged with the murder of his father, and by the jury assessed a term of ten years in the penitentiary.

The State's testimony showed that on July 19, 1942, two sons of the deceased Eusebio Loya, Sr., appellant and Manuel Loya, came to the undertaker's house in Raymondville, Willacy County, Texas, early in the morning and stated that their father was dead, and they needed the services of an undertaker. Answering such call, the undertaker found the body of Eusebio Loya, Sr., a very large man, weighing about 430 pounds, who was dead. The body was placed on a cot and taken to the mortuary. Upon being moved from the cot, a spot of blood was found on the pillow, and upon closer inspection the mouth was found filled with blood, and a hole resembling a bullet hole was found just over and a little back of the right ear. Upon being probed, this opening extended downward and inward, finally penetrating the trachea on one side only. A post-mortem examination merely confirmed the exploratory probe; the bullet, or whatever had caused the wound, ended its penetration in the trachea, and same was never found, if such there was in the body, one doctor saying it was like looking for a needle in a haystack to hunt for a bullet in this large body.

The officers, who were at once summoned, found a 22 Winchester rifle in the deceased's home, which bore the scent of recently burned powder. About a week afterwards the officers took appellant into custody without a warrant, and carried him to a nearby jail at Kingsville in Kleberg County. There he was kept for about seven or eight days, after which he was released on August 4, 1942. Again, about three and one-half months thereafter, on November 19, 1942, a justice of the peace issued a warrant, based on a complaint, charging appellant and his brother Manuel with the murder of their father, and appellant was again taken into custody thereon and returned to the Kingsville jail. He was then taken to San Antonio and placed before what was called a "lie detector". The following day he was returned to Kingsville, and after further questioning he made a statement in the nature of a confession. He was then taken to Raymondville, the county seat of Willacy County, and again made a statement in the presence of the assistant district attorney of Cameron County, the justice of the peace, and some peace officers.

The appellant showed by proof of numerous members of his father's family that on the late afternoon of the night of the father's death some members of the family were sitting out in the yard at the family home, holding a pleasant conversation, appellant and wife living in a nearby cottage, he not being present at such time. That the father was sitting in his specially built chair, and his three daughters, lying on the father's bed inside the house, and joining in the conversation through an open nearby window. That the father got up from his chair, and just as he entered the door of the home he remarked that he had a chill; his bed was immediately prepared, and he laid down thereon. The father's condition grew worse, and a doctor was called, who talked with deceased some few minutes, and finally gave him a hypodermic of some kind, and deceased soon slept. The family remained in the room, however, and after the passage of some time they noticed deceased's breathing became irregular, and he finally died in his sleep. Appellant's family all testify to hearing no shot, to the continued presence of a gun in the deceased's room, and to no complaint from deceased other than the chill.

We think it is clear that the deceased came to his death, as testified to by one doctor, as the result of violence as evidenced by the wound in the head; it is also clear that appellant's only connection with such violence is the statement made by him in Raymondville to the officers there of date November 21, 1942.

The introduction of this confession was vigorously protested on the claim that it was involuntary, appellant contending that he was beaten, handcuffed with handcuffs and a chain thereto; that he was jerked around by said chain; that some kind of an electrical instrument was used to prod his testicles, which caused him great pain; that he was made to stand upon tin cans, and was kept thus standing for great lengths of time; that he was blindfolded and caused to take off all his clothes, save his shirt. That he was continuously told to tell that he killed his father, and in order to save himself from further injury and punishment he signed a confession. That on the next day he was taken to Raymondville, and was told by Ranger Riggs that he must make another confession there in the presence of the officers, or he would be taken back to Kingsville. That he made such second confession in the presence of the justice of the peace and assistant district attorney, and at such time he was not mistreated by anyone in any way, but that he was still laboring under the fear of being taken back to Kingsville and again mistreated.

The first confession, taken at Kingsville, was not introduced in evidence.

When the second confession, taken at Raymondville in the presence of the officers, was offered in evidence the jury was retired and the matter gone over in the presence of the court. Bill of exceptions No. 1, relating thereto, is very voluminous, consisting of 60 pages in the transcript, entirely in question and answer form, with no certificate by the trial court of the necessity therefor. We can not consider such under our rules of procedure on appeal. However, bill of exceptions No. 2 relates to the same matter, and is also voluminous, consisting of 64 pages in the transcript, in a narrative form, and we proceed to consider the same.

The persons present at the taking of the statement in Raymondville all testified, as did appellant, that no mistreatment of any kind was had by appellant at the time of the taking of such statement, and that same was voluntarily made by him without any persuasion or coercion of any kind at such time. That Ranger Riggs, whom he claimed was his principal tormentor at Kingsville, was not present when same was taken. All mistreatment charged by appellant to have taken place at Kingsville, was denied not only by those charged by appellant therewith, but also by others who were present at the taking of the first statement, under the influence of which claimed mistreatment and fear of its repetition appellant asserted the last statement was made.

It should be...