Roberts v. State, No. 33404

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtWOODLEY
Citation360 S.W.2d 883,172 Tex.Crim. 500,83 S.Ct. 83
Docket NumberNo. 33404
Decision Date21 June 1961
PartiesCurtis Ray ROBERTS, Appellant, v. STATE of Texas, Appellee.

Page 883

360 S.W.2d 883
172 Tex.Crim. 500
Curtis Ray ROBERTS, Appellant,
v.
STATE of Texas, Appellee.
No. 33404.
Court of Criminal Appeals of Texas.
June 21, 1961.
Rehearing Denied Feb. 7, 1962.
Certiorari Denied Oct. 8, 1962.
See 83 S.Ct. 83.

[172 Tex.Crim. 501]

Page 884

Lucius Bunton, Odessa, Murray J. Howze, Monahans, for appellant.

Thomas L. White, former Dist. Atty., R. B. McGowen, Jr., Dist. Atty., Monahans, H. D. Glover, County Atty., Reeves County, Pecos, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for robbery with firearms; the punishment, death.

The trial was had in Ward County on a change of venue from Reeves County.

The testimony of Kenny Richards, the assaulted party, that of Officer Gilbert who saw the appellant and his companion leaving a service station, and of Highway Patrolmen Blanchard and Martin, who apprehended appellant and his companion at a road-block, and appellant's written statement, show that appellant and his companion entered a service station where the assaulted party was on duty alone about 1:30 A.M.; that appellant, while pointing a pistol toward Richards, ordered him into the rest room and to lie on the floor and later said to Richards 'That's right, you better look at me good because you won't remember me'. Upon their failure to open the cash register, which according to the testimony of Richards contained 'between $40 and $50 * * * mostly in bills', the appellant ordered Richards to open it which he did and resumed his position on the floor in the rest room. Next, Richards heard the appellant say 'How much is in there?' which was followed by 'two shots'. At once, Richards realized he had been shot because he began 'quivering all over and I saw stars' and was bleeding from the back of the head. As appellant and his companion left Officer Gilbert drove into the station, observed Richard's condition and by radio notified other officers, and then pursued the two men he saw leaving the station but they soon evaded him and he returned to the station. An ambulance soon arrived and took Richards to a hospital.

In response to a call, two highway patrolmen shortly after 5 A.M. apprehended the appellant and his companion when they stopped a motorist with whom the appellant and his companion had obtained a ride a short time before. Upon searching the appellant, they found a .22 pistol containing two spent and 4 live shells in his right front pocket, and a search of the companion [172 Tex.Crim. 502] showed that he had $45 or $47 or $48 '* * * in bills' and some change.

Deputy Sheriff Briggs of Reeves County in which the robbery occurred, testified that Highway Patrolmen Blanchard and Martin delivered the appellant and his companion to him and Officer Ingram in Pecos, and also delivered to them a .22 pistol and two spent and four live shells and '43 --bills, 5 half-dollars, 3 quarters, 11 nickles, and 3 dimes'.

Appellant's written statement made to H. D. Glover, County Attorney, pertaining to the robbery of Kenny Richards and witnessed by Glover and Deputy Sheriff Gilbert was introduced in evidence by the state and omitting the formal parts reads:

'* * * My name is Curtis Roberts and I am 19 years of age; I was born in Hillsboro, Texas and at present I consider the following address my home: Midland, Texas.

'On the 12th of June, 1960, Bennie drove us to Pecos. When we got to Pecos, we pulled into a station and got some gas. We left the station and went over to another station to rob the old boy there. We parked the car behind the building and went inside to where the man was. When we got inside, I pulled a gun on the fellow and told him it was a hold-up. Then Bennie unlocked the cash register got the money. I was holding the gun on the man there. I then told the man to lay down on the floor and he did. The cash register was opened by the man there first and not by Bennie. The boy started to get up and I shot him three times. I do not know where I shot

Page 885

him. Bennie gave me the gun when we got ready to go into the station. Then we went out the door and started to go to the car and saw the police and then we started to run and went to the tracks and then went east till we got to a road side park and saw a man going to Alabama and he gave us a ride. We handn't been gone long when the highway patrol stopped us and arrested us.

'When I shot the man, I meant to kill him so that he could not identify us. I thought he was dead when we left the station. Just before I shot the man, Bennie said, 'Shoot him Curtis, Shoot him'.'

Testifying in the absence of the jury, the appellant admitted signing the statement introduced in evidence by the state, but said the statement is not true; that it was made through fear and promises and that at the time in question he was drunk due to the [172 Tex.Crim. 503] use of marihuana and he did not know whether he robbed or shot the boy.

Appellant called one witness who testified that he was in jail when appellant was first brought in; that appellant's face was bruised and swollen, and his skin had been peeled over his ribs, back and arms, and that his nose was bleeding.

The voluntary character of appellant's written statement was submitted to the jury in the court's charge.

The evidence sufficiently warrants the jury's finding that the appellant committed the offense of robbery with firearms as alleged in the indictment.

Appellant contends that the indictment is fatally defective because the property description: 'U. S. Currency' is insufficient. It complies with language of the robbery statute which prohibits in the ways therein described the taking from the possession of another any property with the intent to appropriate it to the use of the taker. The taking of any sum of U. S. currency by robbery is an offense. Art....

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14 practice notes
  • Wood v. State, No. 67486
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • March 3, 1982
    ...would be sufficient), Matthews v. State, 39 Tex.Cr.R. 553, 47 S.W. 647 (1898); and "U. S. Currency," Roberts v. State, 172 Tex.Cr.R. 500, 360 S.W.2d 883 (1961); (Not sufficient) "one dollar in Mexican money" (distinguishing U. S. versus foreign money), Wade v. State, 35 Tex.Cr.R. 170, 32 S.......
  • Sargent v. Com., No. 1499-85
    • United States
    • Virginia Court of Appeals of Virginia
    • October 6, 1987
    ...Constitution and the Virginia Bill of Rights." Morris v. Smyth, 202 Va. 832, 833, 120 S.E.2d 465, 466 (1961), cert. denied, 371 U.S. 849, 83 S.Ct. 83, 9 L.Ed.2d 83 (1962); see Gideon v. Wainwright, 372 U.S. 335, 344, 83 S.Ct. 792, 796, 9 L.Ed.2d 799 (1963). In Argersinger v. Hamlin, 407 U.S......
  • State v. Lucas, No. 48227
    • United States
    • United States State Supreme Court of Kansas
    • December 11, 1976
    ...of America' is sufficient. (People v. Smith, 66 Ill.App.2d 257, 213 N.E.2d 135 (1966); Roberts v. State, 172 Tex.Cr.R. [221 Kan. 90] 500, 360 S.W.2d 883 (1961), cert. denied 371 U.S. 846, 83 S.Ct. 83, 9 L.Ed.2d Defendant does not indicate he was misled or disadvantaged. A full preliminary e......
  • McCartney v. State, No. 51565
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • October 20, 1976
    ...Brown v. State, 475 S.W.2d 938 (Tex.Cr.App.1971); Walton v. State, 398 S.W.2d 555 (Tex.Cr.App.1966); Roberts v. State, 172 Tex.Cr.R. 500, 360 S.W.2d 883 (1962), cert. denied, 371 U.S. 846, 83 S.Ct. 83, 9 L.Ed.2d 83; McGee v. State, 121 Tex.Cr.R. 188, 51 S.W.2d 714 In Trevino v. State, 409 S......
  • Request a trial to view additional results
14 cases
  • Wood v. State, No. 67486
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • March 3, 1982
    ...would be sufficient), Matthews v. State, 39 Tex.Cr.R. 553, 47 S.W. 647 (1898); and "U. S. Currency," Roberts v. State, 172 Tex.Cr.R. 500, 360 S.W.2d 883 (1961); (Not sufficient) "one dollar in Mexican money" (distinguishing U. S. versus foreign money), Wade v. State, 35 Tex.Cr.R. 170, 32 S.......
  • Sargent v. Com., No. 1499-85
    • United States
    • Virginia Court of Appeals of Virginia
    • October 6, 1987
    ...Constitution and the Virginia Bill of Rights." Morris v. Smyth, 202 Va. 832, 833, 120 S.E.2d 465, 466 (1961), cert. denied, 371 U.S. 849, 83 S.Ct. 83, 9 L.Ed.2d 83 (1962); see Gideon v. Wainwright, 372 U.S. 335, 344, 83 S.Ct. 792, 796, 9 L.Ed.2d 799 (1963). In Argersinger v. Hamlin, 407 U.S......
  • State v. Lucas, No. 48227
    • United States
    • United States State Supreme Court of Kansas
    • December 11, 1976
    ...of America' is sufficient. (People v. Smith, 66 Ill.App.2d 257, 213 N.E.2d 135 (1966); Roberts v. State, 172 Tex.Cr.R. [221 Kan. 90] 500, 360 S.W.2d 883 (1961), cert. denied 371 U.S. 846, 83 S.Ct. 83, 9 L.Ed.2d Defendant does not indicate he was misled or disadvantaged. A full preliminary e......
  • McCartney v. State, No. 51565
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • October 20, 1976
    ...Brown v. State, 475 S.W.2d 938 (Tex.Cr.App.1971); Walton v. State, 398 S.W.2d 555 (Tex.Cr.App.1966); Roberts v. State, 172 Tex.Cr.R. 500, 360 S.W.2d 883 (1962), cert. denied, 371 U.S. 846, 83 S.Ct. 83, 9 L.Ed.2d 83; McGee v. State, 121 Tex.Cr.R. 188, 51 S.W.2d 714 In Trevino v. State, 409 S......
  • Request a trial to view additional results

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