Robertson v. State
| Decision Date | 18 March 1959 |
| Docket Number | No. 30494,30494 |
| Parties | William Edward ROBERTSON, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
William Edward Robertson, in pro. per., on appeal.
Dan Walton, Dist. Atty., Thomas D. White and Fred M. Hooey, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
Appellant was convicted as a second offender of unlawfully possessing a narcotic drug and his punishment assessed at confinement in the penitentiary for 40 years.
Officer M. B. Hightower of the narcotic division of the Houston Police Department testified that on the morning in question he went to the 1100 block of West Gray Street in company with two other officers; that while they were parked in their car he saw the appellant get out of his automobile on a street west of an apartment where the appellant lived, go to the front of the car and reach under the grill and take out a cigarette package; that appellant then rolled the package in a newspaper, put it under his arm and started walking toward his apartment and while walking the package slipped out of the newspaper and fell on the sidewalk. Officer Hightower testified that he immediately picked up the package and after examining it went to the appellant's apartment where he and his fellow officers executed a search warrant and found a needle and syringe, a piece of cotton and an empty capsule. Officer Hightower further testified that the cigarette package and the articles found in appellant's apartment were taken to the police station and delivered to Chemist Crawford for analysis. Officer Hightower's testimony was corroborated by that of Officer Shelton who was called as a witness by the State.
Chemist Robert F. Crawford of the Houston Police Department testified that he examined the articles delivered to him by Officer Hightower and that his analysis of the contents of the cigarette package showed it contained 1.43 grams of 11.6% heroin, a narcotic drug. He further testified that in his analysis of the other articles he found no narcotics in the syringe or needle but did find a small amount of heroin on the cotton and capsule.
The State offered in evidence certain records for the files of the Texas Prison System duly authenticated by the record clerk of such institution. Among the records introduced were copies of a judgment and sentence in Cause No. 45,152 styled The State of Texas v. W. E. Robertson, on the docket of Criminal District Court No. 2 of Harris County, dated March 28, 1938, which showed that on such date the defendant therein was...
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Eggert v. State, No. 07-08-0495-CR (Tex. App. 1/14/2010)
...such are not evidence which we can consider. Jones v. State, 478 S.W.2d 937, 938 fn.1 (Tex. Crim. App. 1972); Robertson v. State, 168 Tex. Crim. 35, 322 S.W.2d 620, 622 (1959) (stating that allegations contained in a brief are not evidence). Nor are the copies of purported emails from couns......
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Tinsley v. State, 43333
...395 S.W.2d 626; Matula v. State, Tex.Cr.App., 390 S.W.2d 263; Todd v. State, 170 Tex.Cr.R. 552, 342 S.W.2d 575. Cf. Robertson v. State, 168 Tex.Cr.R. 35, 322 S.W.2d 620. See also Moses, 'Scientific Proof in Criminal Cases--A Texas Lawyer's Guide,' Sec. 7.06, p. VII--8. Still further, Gunn's......
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Broussard v. State, 34931
...S.W.2d 950; Roberts v. State, 164 Tex.Cr.R. 537, 301 S.W.2d 154; Davis v. State, 167 Tex.Cr.R. 524, 321 S.W.2d 873; Robertson v. State, 168 Tex.Cr.R. 35, 322 S.W.2d 620; Barfield v. State, 168 Tex.Cr.R. 7, 323 S.W.2d 455; Robinson v. State, 163 Tex.Cr.R. 499, 293 S.W.2d 781; Handy v. State,......
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Anderson v. State
...written statements, and photographs which are attached to briefs but not shown in the record will not be considered. Robertson v. State, 168 Tex.Cr.R. 35, 322 S.W.2d 620; Lucas v. State, Tex.Cr.App., 216 S.W.2d 820; Teniente v. State, 151 Tex.Cr.R. 438, 207 S.W.2d 379; Reeves v. State, 158 ......