Pringle v. State
Decision Date | 19 June 1974 |
Docket Number | No. 48460,48460 |
Citation | 511 S.W.2d 35 |
Parties | Kenneth Ray PRINGLE, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
John Ellis, Dallas, for appellant.
Henry Wade, Dist. Atty., & Richard W. Wilhelm, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
Appellant was convicted of robbery; punishment was assessed at life. The sufficiency of the evidence is not challenged.
By his first ground of error, appellant contends the trial court erred in admitting State's Exhibits 2 and 3, a shirt and jacket, into evidence, because they were not shown to have belonged to him. The exhibits were shown to have been found in the vicinity of the robbery shortly after it occurred. The jacket fit the description given by the victim of what the robber was wearing and the shirt fit the description of that worn by appellant, seen by the used car salesman who sold appellant the car used in the robbery. Appellant's objections go to the weight of the evidence rather than its admissibility. See e.g. Alejandro v. State, Tex.Cr.App., 394 S.W.2d 523.
Next appellant contends the interrogation of witness Goss constituted fundamental error by the State. The only objections raised at trial were that the questions were leading, called for a conclusion, and were immaterial and irrelevant. The objections were sometimes sustained and sometimes not, but the objection to the only question that was answered was sustained and the jury instructed to disregard. Ordinarily such action will render the questioning harmless 'unless the error is one of so serious a nature that the harm could not be removed,' Chapman v. State, Tex.Cr.App., 503 S.W.2d 237. We are unable to say the error was of so serious a nature in this instance.
Appellant's third ground of error contends improper argument was made at the guilt stage of the trial. The court sustained appellant's objection and instructed the jury to disregard, but denied a motion for mistrial. The argument before the objection was:
Although the argument was improper insofar as portions of it amounted to testimony by counsel, we think the prompt instruction by the trial court was sufficient to render the error harmless.
Finally, appellant alleges improper argument during the punishment stage of the trial. The complained of argument, in context, was:
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Russell v. State
...and the date which the car was discovered, went to the weight of the evidence rather than its admissibility. See Pringle v. State, 511 S.W.2d 35 (Tex.Cr.App.1974); Hicks v. State, 508 S.W.2d 400 (Tex.Cr.App.1974); Alejandro v. State, 394 S.W.2d 523 (Tex.Cr.App.1965). This ground of error is......
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Shippy v. State, 53831
...was denied. The court's action cured any harm caused by the argument. Curtis v. State, Tex.Cr.App., 519 S.W.2d 883; Pringle v. State, Tex.Cr.App., 511 S.W.2d 35. We overrule this ground of It is also contended that the prosecutor misstated the law in his jury argument during the punishment ......
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...(Tex.Cr.App.1982); Binyon v. State, 545 S.W.2d 448 (Tex.Cr.App.1976); Greer v. State, 523 S.W.2d 687 (Tex.Cr.App.1975); Pringle v. State, 511 S.W.2d 35 (Tex.Cr.App.1974); Norris v. State, 507 S.W.2d 796 (Tex.Cr.App.1974); Salinas v. State, 507 S.W.2d 730 (Tex.Cr.App.1974); Bueno v. State, 5......
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Clark v. State, s. 63455
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