Mouton v. State
Citation | 155 Tex.Crim. 450,236 S.W.2d 499,235 S.W.2d 645 |
Decision Date | 19 April 1950 |
Docket Number | No. 24728,24728 |
Parties | MOUTON v. STATE. |
Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Frank Adams, Beaumont, Stanley Plettman, Beaumont, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
WOODLEY, Commissioner.
Appellant was found guilty by the verdict of a jury of murder as charged in the indictment, the punishment being assessed at death.
No judgment is found in the record, in the absence of which this court is without jurisdiction of the appeal. See Aguillar v. State, Tex.Cr.App., 221 S.W.2d 242; Davis v. State, 145 Tex.Cr.R. 188, 167 S.W.2d 523; and Berry v. State, 138 Tex.Cr.R. 563, 138 S.W.2d 105.
The appeal is therefore dismissed
Opinion approved by the Court.
On Motion to Reinstate Appeal.
The record having been perfected, the appeal is reinstated and the case will now be considered on its merits.
It is shown in the testimony that the deceased was a toothless and blind man, about 80 years of age; that he lived in a shack near Helbig in Jefferson County. He was an old-age pensioner, and appellant had been living with him just prior to his death. Appellant, who was a 31-year-old Negro, had been married and was the father of five children. Neighbors of the deceased, who had not seen him for about two weeks, called the attention of the authorities to such fact and they entered his shack and found evidence that it had been rifled. They then searched the surrounding jungle, and in a shallow grave, they found a human body, evidently having been stripped of flesh by hogs, dogs and other wild animals. This body bore evidence of foul play, the skull being crushed, and the top being torn off. It was identified as that of the deceased.
Appellant fled and went to California, later returning to Galveston Texas, where he was apprehended. He made a full confession relative to this matter, and in company with peace officers, he repaired to the scene and showed them where he had thrown the shovel with which he dug the grave, where he had thrown the axe which he had used in striking the old man, as well as the stick which he had used in making the assault, and his jumper. He also demonstrated the position in which he had placed the body in the grave. Pictures of appellant were made as he illustrated this killing, and indicated how it was done, as well as pictures of the grave and the surrounding terrain. Such pictures were introduced in evidence, just for what reason is not shown, but over the objection of appellant's court-appointed attorneys, who are commended for their diligence in the trial.
Appellant, while in Beaumont and previous to said trip, had made a full and complete statement in writing occupying seven and one-half typewritten pages in the statement of facts, and to the introduction of such statement no objection was offered. However, in order to show the gruesomeness and brutality of this offense, we quote the portion of such statement which is deemed material to this charge: ...
To continue reading
Request your trial-
Freeman v. State
...Trial, Sec. 64, p. 400; Thompson v. State, supra; Ex parte Slaton, supra; Romero v. State, supra, at p. 214; Mouton v. State, 155 Tex.Cr.R. 450, 235 S.W.2d 645. See also Walthall v. State, supra, footnote, p. 899; Illinois v. Allen, 397 U.S. 337, 90 S.Ct. 1057, 25 L.Ed.2d In his 32nd ground......
-
Gammage v. State
...dangerous person and is not to be trusted. Illinois v. Allen, 397 U.S. 337, 90 S.Ct. 1057, 25 L.Ed.2d 353 (1970); Mouton v. State, 155 Tex.Crim.R. 450, 235 S.W.2d 645 (1950); Gray v. State, supra; Zunago v. State, 63 Tex.Crim.R. 58, 138 S.W. 713 (1911); Rainey v. State, supra, at 472 citing......
-
In the Interest of K.R.
...Marquez v. State, 725 S.W.2d 217 (Tex. Crim. App 1987); Clark v. State, 717 S.W.2d 910 (Tex. Crim. App. 1986); Mouton v. State, 235 S.W.2d 645 (Tex. Crim. App. 1951). Contrary to the majority's view, I find that many of these cases employ a form of harm analysis in deciding whether to rever......
-
Lucas v. State
...restraint. However, it cannot be doubted appellant was brought "into the view" of the jury panel while handcuffed. See Mouton v. State, 235 S.W.2d 645 (Tex.Cr.App.1951). A review of prior opinions of this Court reveals the issue before us to be an uncommon problem at best. The case coming c......