Stecher v. State

• Decision Date: 23 October 1963
• Docket Number: No. 36048,36048
• Citation: 371 S.W.2d 568
• Parties: H. K. STECHER, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Criminal Appeals

Page 568

371 S.W.2d 568

H. K. STECHER, Appellant, v. The STATE of Texas, Appellee.

No. 36048.

Court of Criminal Appeals of Texas.

Oct. 23, 1963.

James B. Turner, J. Charles Whitfield, Jr., Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Richard P. Hogan, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

Appellant was convicted of unlawfully parking a vehicle, which was not a commercial vehicle, in a truck loading zone during prohibited hours, in violation of an ordinance of the City of Houston.

The prosecution arose in the corporation court. Trial de novo was in County Criminal Court at Law No. 2, before a jury. This appeal is from a judgment rendered on the jury's verdict finding appellant guilty and assessing his punishment at a fine of $200.

Upon the trial it was shown that on October 25, 1962, the date alleged, being on a Thursday and not a legal holiday, the appellant parked his 1951 Dodge passenger automobile, bearing 1962 passenger license No. SC 6897, on the south side of the 900 block of Preston Avenue in the City of Houston, which was in a truck loading zone marked 'for trucks from 9 a. m. to 4 p. m.,' and that said vehicle was parked at such location at the hour of 3:44 p. m.

Certain ordinances of the City of Houston were introduced in evidence, including:

"Section 41-167, designation of curb loading areas.

'The city traffic engineer is hereby authorized to determine the location of curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section are applicable."

"Section 41-168. Standing in truck loading zones.

'It shall be unlawful for any person to park or stand any vehicle other than a commercial vehicle in any truck loading zone between the hours of seven o'clock a. m. and six o'clock p. m. * * * This section shall not apply on Sunday or legal holiday."

'Section 1-8. General Penalty.

"The penalty for violation of any provision of this Code, where no other penalty is specified, shall, upon conviction, be a fine not to exceed two hundred dollars as provided in Article 11, Section 12 of the charter.

"Each day's violation of any provision of this Code, unless otherwise provided shall constitute a separate offense."

A traffic engineer's report relative to parking in the 900 block of Preston was introduced in evidence, reading as follows:

"DEPARTMENT OF TRAFFIC AND TRANSPORTATION CITY OF HOUSTON

September 18, 1959

* * *

NO PARKING ANYTIME TRUCKS 30 MINUTES 8:30 A.M.--4 P.M. TOW

AWAY

900 block Preston, south side, beginning 16' west PVL Main and extending west 80'

6-15-59"

Testifying as a witness in his own behalf, appellant admitted that the Dodge automobile was his personal passenger car and that he parked it at such location on the occasion in question. Appellant further testified that he operated a lawyers' supply business; that he used the automobile in making deliveries of merchandise to his customers and on the particular occasion in question he parked the automobile in the 900 block of Preston Avenue to make a delivery or deliveries to his customers.

The court in his charge required the jury to find from the evidence beyond a reasonable doubt, before convicting appellant, that he did unlawfully park a vehicle which was not a commercial...