Pope v. State, 47198
| Decision Date | 20 February 1974 |
| Docket Number | No. 47198,47198 |
| Parties | Joe POPE, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Cox & Hurt, Plainview, for appellant.
Tom Hamilton, Dist Atty., Plainview, Jim D. Vellers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.
This is an appeal from a conviction for the offense of murder without malice. The jury assessed punishment at five years.
Appellant's sole ground of error alleges that the evidence is insufficient. He contends that an exculpatory statement which was contained in a written confession introduced by the State was not disproved. We overrule this contention and affirm.
During the evening of August 21, 1971, Robert Kernell, Ernest Ortegon (the deceased), Carl Coleman and the appellant had been drinking at Holey's Grill in Plainview and then sometime after 11:00 p.m. went to Kernell's house to drink some more and to shoot dice. An argument developed between Ortegon and the appellant following a discussion in regard to races. The men then left, went by appellant's house to pick up a fifth of whiskey and returned to the cafe.
Ozelle Craft, who was also at the cafe when the four men returned, testified that he had had a discussion with the appellant about a pistol and had seen the appellant put it under his shirt under his belt. He also stated that there had not been an argument between the deceased and the appellant at the cafe. Craft stated that when the four men left Kernell was driving and the deceased was in right front seat.
Texas Ranger Troy Porterfield, who was sheriff of Hale County on the date of the offense, testified that at approximately 6:00 a.m. on August 22, 1971, a man advised him that a shooting had occurred on Date Street in Plainview. Porterfield arrived at the scene some three minutes later. Upon his arrival, he noticed Robert Kernell and the appellant standing beside a car and Ernest Ortegon lying by the curb. He testified that he immediately picked up Ortegon's right arm and felt for a pulse beat, but there was none. While waiting for other officers to arrive, Porterfield talked to Kernell and the appellant. The appellant told him that Ortegon had pulled a gun on him, they scuffled over it and it went off. Kernell related the same story. After hearing their story that Ortegon had had the gun, he examined the body of the deceased again. This time there was a gun in Ortegon's right hand, a gun which was not there when he had checked Ortegon's pulse.
Jerry Huddleston, a news director, testified that when he arrived at the scene there was no gun in the hand of the deceased. A short time later when Huddleston took a picture, there was a gun in the hand of the deceased.
Detective Jerry Austin of the Plainview police department testified that he had been summoned to the scene by his office and that a short time afterwards he talked to Kernell and the appellant at the sheriff's office. Because of inconsistencies in the stories of Kernell, the appellant and other witnesses in the case, Detective Austin again interviewed the appellant. Still no charges had been filed against the appellant. After the appellant had been warned of his rights, he gave a written statement to officers wherein he stated:
...
To continue reading
Request your trial
-
Adami v. State
...as the triers of the facts, had the option of believing all of appellant's testimony, none of it, or any portion of it. Pope v. State, Tex.Cr.App., 505 S.W.2d 556. The State's evidence presents a case of an unprovoked killing of five unarmed men by shooting them in the back portion of their......
-
Maxwell v. State
...other evidence. Palafox v. State, 608 S.W.2d 177 (Tex.Cr.App.1979); 1 Glover v. State, 566 S.W.2d 636 (Tex.Cr.App.1978); Pope v. State, 505 S.W.2d 556 (Tex.Cr.App.1974). However, the inference of untruth may be drawn by the jury from all of the evidence including any inconsistencies in the ......
-
Miller v. State, 54162
...Tex.Cr.R. 218, 117 S.W.2d 1105; Wells v. State, Tex.Cr.App., 447 S.W.2d 939; Angle v. State, Tex.Cr.App., 486 S.W.2d 308; Pope v. State, Tex.Cr.App., 505 S.W.2d 556. The elements to be proven by the State in a prosecution under V.T.C.A., Penal Code, Sec. 28.02(a)(2), are: (1) a person (2) s......
-
Maden v. State, 52976
...conflicting, do not show by a preponderance of the evidence appellant's complicity in the alleged robbery. See and compare Pope v. State, 505 S.W.2d 556. The trial court abused its discretion in revoking appellant's The judgment is reversed and the cause remanded. 1 Probationary condition (......