Rivello v. State, 44345
Citation | 476 S.W.2d 299 |
Decision Date | 14 December 1971 |
Docket Number | No. 44345,44345 |
Parties | Ralph RIVELLO, Appellant, v. The STATE of Texas, Appellee. |
Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Walter E. Boyd, Jr., Houston, for appellant.
Carol S. Vance, Dist. Atty., James C. Brough and Allen Stilley, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.
The offense is murder. Two defendants were tried together upon pleas of guilty and the punishment was assessed against each at life by the jury. Each defendant was represented by different retained counsel. Only this appellant appealed.
There were no witnesses to the killing. Both defendants stipulated in writing that they killed the deceased. The evidence which was introduced does not indicate that one did any acts differently from the other in the commission of the offense. This appellant testified and stated that he was sorry that he had committed the act and asked for probation. He did not mention his co-defendant. The co-defendant did not testify.
Appellant's first ground of error is that the court erred in ruling that counsel might not argue to the jury that the co-defendant had not testified and told the jury that he was sorry; whereas, the appellant had so testified.
We have concluded that the court's refusal to permit such argument was correct under the holding of the 5th Cir. Ct. of Appeals in Gurleski v. United States, 405 F.2d 253. That was a joint trial.
We quote from such opinion:
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Saunders v. State
...assuming that the conviction was on its face admissible, refusal to sever would not have resulted in injury to Spencer. Rivello v. State, Tex.Cr.App., 476 S.W.2d 299. Appellants contend that they were denied their Sixth Amendment right to confrontation by the trial court's refusal to requir......
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Stokes v. State
...prior convictions was introduced. Therefore, despite the complaints in Appellant's brief, he has shown no injury. Rivello v. State, 476 S.W.2d 299, 300 (Tex.Cr.App.1971). Appellant complained that the excerpt from the testimony of Mr. Barberino, Haynes' former probation officer who was call......
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Luna v. State
...Id. The previous admissible conviction ground is applicable only if the conviction is admitted at trial. Rivello v. State, 476 S.W.2d 299, 300 (Tex. Crim.App.1971). The State argues initially that Luna's point is not properly before us because her motion for severance was predicated upon th......
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Qualley v. State
...years of age, this conviction was not admitted at trial. Therefore, Appellant had failed to demonstrate harm. See Rivello v. State, 476 S.W.2d 299, 300 (Tex.Crim.App.1972). Regarding whether or not the defenses were mutually antagonistic, we find that the defenses were mutually antagonistic......