Reynolds v. State
| Decision Date | 09 October 1963 |
| Docket Number | No. 35958,35958 |
| Citation | 372 S.W.2d 540 |
| Parties | Virgil Allen REYNOLDS, Appellant, v. The STATE of Texas. |
| Court | Texas Court of Criminal Appeals |
Mauzy & Mauzy, by D. B. Mauzy, Houston, for appellant.
Frank Briscoe, Dist. Atty., Carl E. F. Dally and Rick Stover, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is aggravated assault with a motor vehicle; the punishment, 730 days confinement in jail, and a fine of $1,000.
In view of the disposition to be made of this case, the evidence need not be discussed at length. Suffice it to say that there was evidence that a car driven by Mrs. Minnie Boyd Grimes, and one driven by Mr. Loy B. Young were struck by another on 69th Street in Houston. The evidence shows that Grimes and Young were driving north on 69th, which is a one-way street headed north, when the other car approached headed south (opposite to the direction of the traffic on the street). Appellant was found near the car with cuts, lacerations and bruises which matched the steering wheel of the 'wrong-way' car. He gave a number of conflicting statements to the investigating officer, one of which was to the effect that he had been driving 35 miles per hour at the time of the accident.
Dr. Harry Preble was called as a witness for the State. His testimony was that he had happened on the scene shortly after the accident, and had sought to aid Mrs. Grimes, and had treated her after she was taken to the hopsital.
After detailing, over objection of appellant's counsel, the physical injuries which Mrs. Grimes had received the following transpired:
'Mr. Mausy: Your Honor, we would object to that on account the testimony of this Doctor does not solve any issue in the case and any injuries after that date, the diagnosis thereof not an aid in the determination of this case.
'The Court: Any other injuries sustained but what he found on this occasion overruled.
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Cantu v. State
...of the robbery and murder of the deceased. Appellant relies on Fowler v. State, 352 S.W.2d 838 (Tex.Cr.App.1962) and Reynolds v. State, 372 S.W.2d 540 (Tex.Cr.App.1963) for his contention that details of Juan's injuries should not have been admitted. These cases were overruled on that point......
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Garrett v. State, 01-90-00522-CR
...and from earlier opinions, upheld the conviction, leaving to us to glean the reasons from its cryptic overruling of Reynolds v. State, 372 S.W.2d 540, 541 (Tex.Crim.App.1963) and Fowler v. State, 171 Tex.Crim. 600, 352 S.W.2d 838, 840-41 (1962). Levell, 453 S.W.2d at 833. Quoting from its d......
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Levell v. State, 42780
...and this case should be reversed.' Appellant relies upon Fowler v. State, 171 Tex.Cr.R. 600, 352 S.W.2d 838, and Reynolds v. State, Tex.Cr.App., 372 S.W.2d 540, both of which were cases in which a conviction for aggravated assault with a motor vehicle was reversed (the writer dissenting). F......