Siwakowski v. State
| Decision Date | 10 February 1965 |
| Docket Number | No. 37608,37608 |
| Citation | 387 S.W.2d 669 |
| Parties | John Stanley SIWAKOWSKI, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Paul W. Wisdom, Jr., Dallas (Court Appointed on Appeal Only), for appellant.
Henry Wade, Dist. Atty., Robert Stinson, Don Wills, Mark Troy and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for robbery; the punishment, 99 years.
About 7:40 P.M., October 24, two white men, one tall and the other short, wearing white hoods with openings for their eyes, and with pistols in their hands ran into a grocery store and one of them fired several shots. The tall man ordered the two employees at the check stands to 'sack up the money', and the short man directed the assistant manager to open the safe. By putting the assistant manager, James Ward, who was in charge of the store, in fear of serious bodily injury and his life, and without his consent, the two men took the money and several checks from his possession.
The assistant manager, James Ward, described the short man as being about five feet and six inches in height, weighing 130 to 135 pounds, and wearing a dark colored shirt and dark trousers. He described the tall man as being slender and over six feet in height, and wearing a checkered shirt and dark trousers. He further testified that about 7:20 P.M., before the robbery about 7:40 P.M., two men came in the store and bought some grapes, that they were about the same height and were wearing the same type of clothing as the two men who robbed him twenty minutes later; and while testifying he identified the appellant as looking like one of the men who came in the store and bought the grapes.
The testimony of the two employees who were at check stands and from whose registers the tall man took their money was substantially the same as that of the assistant manager, Ward.
Mrs. James Ward, wife of the assistant manager of the grocery store testified: she parked her car on the north side of the store which fronted to the west. About 7:20 P.M., a green Chevrolet was parked in the second space from her. Three men got out of the Chevrolet, stood in front of the car next to Mrs. Ward, then returned to the Chevrolet. Soon thereafter, two of the men, one tall and the other short, both wearing dark shirts and trousers, entered the store. At this time the third parking space south of the front door of the store became vacant and Mrs. Ward moved her car into it. After she parked in front of the store, a car which appeared to be the same green Chevrolet she had seen on the north side was driven parallel to the store in front and behind the cars. Two men got out of the car with hoods on their heads, dressed the same as the men she had seen on the north side, and with guns in their hands entered the store and then Mrs. Ward heard several shots. She backed her car to a nearby service station and asked the attendant to notify the police. As she drove back to the store, she saw two hooded men run from the store. She followed them for about one block, where she saw them enter a green Chevrolet like the one she saw on the north side of the store. She got the license number of the Chevrolet, returned to the store, and after a brief time showed the police the location of the Chevrolet. Mrs. Ward described the short man as being about five feet and seven inches in height and...
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Verret v. State, 43912
...reversible error, as it was a reasonable deduction from the evidence. Meyer v. State, Tex.Cr.App., 416 S.W.2d 415; Siwakowski v. State, Tex.Cr.App., 387 S.W.2d 669. The appellant's second ground of error is The appellant's third ground of error complains the State argued to the jury that th......
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Mauldin v. State
...robber.' Where such a jury argument is a reasonable deduction from all the evidence, no reversible error is presented. Siwakowski v. State, Tex.Cr.App., 387 S.W.2d 669. In Meyer v. State, Tex.Cr.App., 416 S.W.2d 415, this Court rejected the argument that those words left the impression the ......
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Meyer v. State, 40413
...one is arguable, the prosecutor's deduction from the evidence was a reasonable one. No reversible error is presented. Siwakowski v. State, Tex.Cr.App., 387 S.W.2d 669; Christesson v. State, 172 Tex.Cr.R. 27, 353 S.W.2d 218; Jones v. State, 352 S.W.2d 270; Sommers v. State, 165 Tex.Cr.R. 575......
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Siwakowski v. Beto, 71-2707 Summary Calendar.
...Texas, Siwakowski was sentenced to serve 99 years as set by the jury. The judgment was affirmed upon direct appeal. Siwakowski v. State, Tex.Cr.App.1965, 387 S.W.2d 669. The appellant has exhausted his available state post-conviction remedies as required by the provisions of 28 U.S.C. § 225......