Martin v. State, 40790
| Decision Date | 29 November 1967 |
| Docket Number | No. 40790,40790 |
| Citation | 422 S.W.2d 731 |
| Parties | Jerry Don MARTIN, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Hernandez & Cazorla, by Frank P. Hernandez, Dallas, for appellant.
Henry Wade, Dist. Atty., Jim Ramsey, Alton Alsup, Jr. and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The appellant was convicted of operating an automobile while his operator's license was suspended; the punishment, 90 days in jail and a $200 fine, probated for a period of six months.
Officer Tillery, Patrol Division of the Dallas Police Department, testified that on the date in question he stopped the appellant after he had observed him commit a traffic violation while driving an automobile upon the public streets of Dallas; that upon asking the appellant for his driver's license, he said he did not have one and that his license was under suspension.
The state introduced three exhibits in evidence. They were authenticated copies of the driving record of the appellant, including the order of suspension of his operator's license. Included also as part of these records was a physical description of the appellant. The only objection to these exhibits was directed to Exhibit 1--A on the ground that the copy given appellant was not signed by Roland Warner whereas the one introduced in evidence was.
The appellant did not testify or offer any evidence in his behalf.
The evidence is sufficient to authorize the finding that the appellant operated an automobile upon a public street while his operator's license was under suspension as alleged.
It is contended that the admission in evidence of appellant's prior suspensions and actions of the Texas Department of Public Safety in connection with the instant charge, was error.
The authenticated driving record of the appellant which includes some of the matters complained of was introduced in evidence. In the absence of any valid objection to the exhibits containing such matters, no error is shown.
Appellant's third ground for reversal is that the trial court committed error in refusing to order the State of Texas to answer the interrogatories propounded by the defendant.
Art. 39.02, Vernon's Ann.C.C.P. provides:
...
To continue reading
Request your trial
-
McKinney v. State
...reason at a hearing before the court and the court determines such reason exists. Article 39.02, Vernon's Ann.C.C.P.; Martin v. State, 422 S.W.2d 731 (Tex.Cr.App.1967). The trial court has wide discretion in either granting or denying a motion for taking a deposition, Aguilar v. State, 468 ......
-
Bryant v. State, 2-84-252-CR
...CRIM.PROC.ANN. art. 39.02 (Vernon 1979) to permit a defendant to take depositions upon a showing of good cause. Martin v. State, 422 S.W.2d 731, 732 (Tex.Crim.App.1967). The determination of whether a good reason exists for the taking of such depositions is based on facts made known to the ......
-
McKinney v. State
...depositions if he shows good reason at a hearing before the court and the court determines that good reason exists. Martin v. State, 422 S.W.2d 731 (Tex.Cr.App.1968). The trial court has wide discretion in either granting or denying motions for taking depositions. Aguilar v. State, 468 S.W.......
-
James v. State, 52416
...before the court and the court determines such reason exists. McKinney v. State, 505 S.W.2d 536 (Tex.Cr.App.1974); Martin v. State, 422 S.W.2d 731 (Tex.Cr.App.1967). In McKinney v. State, supra, it was said 'The trial court has wide discretion in either granting or denying a motion for taki......