Salazar v. State, 46234
| Decision Date | 16 May 1973 |
| Docket Number | No. 46234,46234 |
| Parties | Johnny SALAZAR, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Raul Garcia, Corpus Christi, for appellant.
William B. Mobley, Jr., Dist. Atty., and John Potter, Asst. Dist. Atty., Corpus Christi, Jim D. Vollers, State's Atty., Robert A Huttash, Asst. State's Atty., Austin, for the State.
The offense is sale of marihuana; the punishment, five (5) years.
Ground of error number one complains of the asking of improper questions of appellant's sister, Linda Vera, at the punishment stage of the trial. Appellant's primary contention is that his sister was not a reputation witness to whom 'have you heard' questions might properly be propounded. Among other questions she was asked by appellant's counsel were the following:
Under the recent opinion of this Court in Childs v. State, Tex.Cr.App., 491 S.W.2d 907, these questions and answers made the witness, who had testified to no material facts in the case, a reputation witness to whom questions might be properly propounded as to acts inconsistent with appellant's good reputation. In Childs v. State, supra, the defendant's father testified at the hearing on punishment on direct examination that the defendant's conduct had been good while he had lived at home with the witness. The State then propounded 'have you heard' questions to defendant's father. This Court said that the tenor of the father's testimony was geared toward persuading the jury to grant probation and that testimony made him a reputation witness subject to proper impeachment.
We conclude that Childs v. State, supra, is here controlling and overrule ground of error number one.
Ground of error number two relates to the action of the court in allowing the court reporter to read back a portion of certain testimony to the jury. The testimony read to the jury by the reporter, without timely objection, is made a part of this record and, therefore, nothing is presented for review.
Ground of error number two is overruled.
Ground of error number three complains of the refusal of the court to quash the jury panel on the ground that appellant was sixteen years of age at the time alleged in the indictment and was not certified by the juvenile court. The record reflects that the appellant sold marihuana to an undercover agent on June 16, 1971. The appellant became seventeen years of age on July 17, 1971, the indictment was returned on October 14, 1971, and the appellant...
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Ward v. State
...is reversed and the cause remanded. DALLY, Judge, dissenting. Childs v. State, 491 S.W.2d 907 (Tex.Cr.App.1973); Salazar v. State, 494 S.W.2d 548 (Tex.Cr.App.1973); Navajar v. State, 496 S.W.2d 61 (Tex.Cr.App.1973); Howard v. State, 505 S.W.2d 306 (Tex.Cr.App.1974); Partida v. State, 506 S.......
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...a good reputation in the community." Childs at 909. The convictions in both Childs and Williams were upheld. See also Salazar v. State, 494 S.W.2d 548 (Tex.Crim.App.1973). Interestingly, shortly after the Williams case was decided, the Court of Criminal Appeals abandoned the above-quoted Ch......
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...Howard v. State, 505 S.W.2d 306, 310-311 (Tex.Cr.App.1974); Navajar v. State, 496 S.W.2d 61, 65 (Tex.Cr.App.1973); Salazar v. State, 494 S.W.2d 548, 549 (Tex.Cr.App.1973). And now, Rutledge v. State, supra, and the cases following it, see, e.g., Rajski v. State, 715 S.W.2d 832, 836 (Tex.App......
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