Medley v. State

• Decision Date: 15 June 1960
• Docket Number: No. 31676,31676
• Citation: 338 S.W.2d 474,170 Tex.Crim. 78
• Parties: Richard MEDLEY, Appellant, v. STATE of Texas, Appellee.
• Court: Texas Court of Criminal Appeals

Page 474

338 S.W.2d 474

170 Tex.Crim. 78

Richard MEDLEY, Appellant, v. STATE of Texas, Appellee.

No. 31676.

Court of Criminal Appeals of Texas.

June 15, 1960.

Mullinax, Wells, Morris & Mauzy, Dallas, King C. Haynie, Houston, on appeal only, for appellant.

Henry Wade, Crim. Dist. Atty., Robert E. Lyle, Jerome V. Chamberlain, Jr., Phil Burleson, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for the possession of a bomb under Art. 1723, Vernon's Ann.P.C.; the punishment, 25 years and a fine of $10,000.

This is a companion case to that of McClane v. State, Tex.Cr.App., 343 S.W.2d 447.

General Jackson Hill testified that after attending church Sunday evening, July 12, 1959, he, his wife, daughter and niece returned to his home at 2620 Engle Street in Dallas about 8:30 P. M., and parked his Oldsmobile in which they were riding on a concrete driveway about one foot behind his Pontiac which was under a car-port attached to the house. The front of the Oldsmobile was about two feet from the side of the house. The family retired about 10:00 or 10:30 P. M. He further testified that he was awakened at 2:45 A. M., July 13, by the noise of an explosion followed by the squealing of tires of an automobile running at a high rate of speed down the street; that the front yard was well lighted because of a fire with a 25 foot radius which was burning on the driveway and grass and under the around his Oldsmobile and that the right rear tire was on fire. He smelled gasoline in the yard and there was broken glass all over the driveway and grass which was not there at 8:30 P. M. the previous evening. He identified State's Exhibit No. 1 and stated that it had a rag and cloth attached to it and was lying by the side of the front of the Oldsmobile in the driveway. He further testified that he looked at his watch immediately after he heard the explosion 'because I had already been visited a couple of times before that'. He also testified that he was then and had been employed for over seven years by an industrial plant, and was an inspector; that he and the appellant had been members of the same union and he had met him through the strike at the plant where the appellant has been employed but was not on July 12.

The appellant, who lived in Irving, had two conferences about July 1, 1959, with Bobby Mack Capers and Clyde Chapman Binkley according to their testimony in and near Ft. Worth. During these conferences they testified appellant asked Capers and Binkley 'to do some things for him.' They further testified that the three next met in Dallas several days later and went to Tony Hubaceck's house, and the four then went to James Everett McClane's house, and at appellant's suggestion they agreed to meet later at appellant's residence which they did.

Appellant and McClane were members of a union which was on strike at a certain industrial plant hereinafter called the company, and they had also been employees of the company. They had participated in the strike then going on at the company with McClane walking the picket line and the appellant having been a union steward. Capers and Binkley had never been employees of the company.

Bobby Mack Capers testified that the appellant told them that he wanted them to destroy the property of the men crossing the picket lines and working at the company; and for which he would pay them well and if necessary he would furnish legal assistance and bonds. He testified further that at his home, the appellant told them of the important persons he felt should be scared into leaving their work and quit crossing the picket lines and that he wrote in their presence a list of names of employees of the company who had crossed the picket line and gone back to work. In addition to the names were their addresses, license numbers, colors and numbers of cars owned; and they stated that appellant told them that the first person on the list who needed to be taken care of was G. J. Hill. The record shows that G J. Hill and General Jackson Hill were the same person.

Capers further testified that the appellant told them that the best way he knew of doing the job was to use a gasoline bomb, and then gave them some bottles, lids and rags, and explained how the jars should be prepared and then thrown against Hill's car; that they prepared a jar as directed and about 2 A. M., July 13, he, Binkley and McClane stopped their car in front of Hill's driveway and McClane threw the gasoline bomb which struck the concrete driveway beneath the rear of Hill's car, ignited and burned the right rear tire and damaged other parts of the car.

Clyde Chapman Binkley testified for the state and his testimony corroborates and supports that of the witness Capers. It adds no new pertinent facts to Caper's testimony except that he informed the officers while in jail that the list of names and appellant's telephone number which appellant...