Richardson v. State, 26225
| Decision Date | 25 February 1953 |
| Docket Number | No. 26225,26225 |
| Citation | 158 Tex.Crim. 536,257 S.W.2d 308 |
| Parties | RICHARDSON v. STATE. |
| Court | Texas Court of Criminal Appeals |
Mac L. Bennett, Jr., Normangee, for appellant.
John B. McDonald, Dist. Atty., Palestine, George P. Blackburn, State's Atty., of Austin, for the State.
The offense is rape; the punishment assessed is death.
Our final disposition of this case precludes cludes the necessity of setting out the full facts herein. Suffice it to say, however, that this is a case of a Negro man forcibly entering the home of a 15-year-old white girl, carrying her away therefrom for some distance and desecrating her body over her active resistance.
There are five bills of exception in the record, all relating to the argument of the District Attorney before the jury.
Bill of Exception No. 1 sets out the following argument:
Bill of Exception No. 2 reflects the following argument:
To this latter argument appellant's attorneys objected and the careful trial court sustained such objection and instructed the jury to disregard the same, but refused to declare a mistrial.
Bill of Exception No. 3 complains of the following argument:
Bill of Exception No. 4 reflects the following argument:
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Borjan v. State
...from improper argument by the prosecuting attorney. Dickinson v. State, 685 S.W.2d 320, 322 (Tex.Cr.App.1984); Richardson v. State, 158 Tex.Cr.R. 536, 257 S.W.2d 308 (1953). An improper argument constitutes reversible error when in light of the record as a whole it was extreme or manifestly......
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McGee v. State
...argue the demands and expectations of the community. Porter v. State, 154 Tex.Crim. 252, 226 S.W.2d 435 (1950); Richardson v. State, 158 Tex.Crim. 536, 257 S.W.2d 308 (1953); Pennington v. State, 171 Tex.Crim. 130, 345 S.W.2d 527 (1961); Cortez v. State, 683 S.W.2d 419 (Tex.Crim.App.1984) (......
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Modica v. State
...from improper jury argument." An examination of Cortez indicates this "fair trial" observation was taken from Richardson v. State, 158 Tex.Crim. 536, 257 S.W.2d 308 (App.1953). Cortez, 683 S.W.2d at 420. A reading of Richardson does turn up the The law provides for and presumes a fair trial......
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Castaneda v. State, No. 10-03-00223-CR (TX 12/29/2004)
...they were inflammatory and were calculated at such time to unfairly influence the jury against the appellant); Richardson v. State, 158 Tex. Crim. 536, 257 S.W.2d 308, 309 (1953) ("This negro is a lustful animal . . . he lacks the very fundamental elements of mankind" comments held to be in......
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Pre-trial discovery and motion practice
...to subject the defendant to personal abuse or to convey to the jury that he is in some manner “less than human.” Richardson v. State , 257 S.W.2d 308 (Tex. Crim. App. 1953); 217 S.W.2d 1041 (Tex. Crim. App. 1949); Marx v. State , 150 S.W.2d 1041 (Tex. Crim. App. 1941). 29. Suggesting that d......