Steinhauser v. State, 58446
| Decision Date | 21 February 1979 |
| Docket Number | No. 58446,No. 1,58446,1 |
| Citation | 577 S.W.2d 257 |
| Parties | Annie STEINHAUSER, Appellant, v. The STATE of Texas, Appellee |
| Court | Texas Court of Criminal Appeals |
C. E. Clover, Jr., Sealy, for appellant.
Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.
This is an appeal from a conviction for telephone harassment. The penalty was assessed at $101.00.
This cause was originally dismissed for the failure of the trial court to pronounce sentence and enter a written sentence in the record. Articles 42.02 and 40.09(1), V.A.C.C.P. Steinhauser v. State, Tex.Cr.App., 1978, 565 S.W.2d 73.
The supplemental record reflects that sentence was pronounced on May 31, 1978, and notice of appeal was properly given. The appeal is reinstated.
Appellant's first four grounds of error challenge the sufficiency of the evidence to sustain the judgment of conviction. Appellant was charged by complaint and information as follows:
. . . ANNIE STEINHAUSER on or about the 15th day of July, 1975 and 18th day of July A.D. 1975, and before the making and filing of this INFORMATION, in the County of Fayette, State of Texas, did then and there unlawfully intentionally place two anonymous telephone calls at an unreasonable hour, in an offensive and repetitious manner, and without legitimate purpose of communication, and by this action did intentionally, knowingly and recklessly annoy and alarm Otto Steinhauser, the recipient. . . .
The State was obligated to prove that (1) Annie Steinhauser (2) placed two anonymous telephone calls (3) at an unreasonable hour (4) in an offensive and repetitious manner or without legitimate purpose of communication, and (5) by so acting intentionally, knowingly, or recklessly annoyed or alarmed Otto Steinhauser as the recipient.
A review of the record in a light most favorable to the verdict of the jury discloses the following.
Otto Steinhauser, the alleged recipient, testified that beginning in 1965 he received anonymous phone calls at the phone in his home three or four days per week with occasionally weekly or longer interludes. These calls were placed generally between 8 and 9 a. m., occasionally in the afternoon, and only on isolated occasions at night. He testified that this brother, H. H. Steinhauser, the husband of the appellant, had a phone with the number 865-3749. He testified that he was annoyed by these calls but never heard a voice at any time. He testified that he and his brother, the husband of the appellant, had been having trouble since 1957 when he went into business competition with his brother. He testified that in 1975 he authorized the telephone company to take necessary steps to determine the source of these anonymous phone calls. He was informed that when he received the phone call to leave his phone off the hook and contact the phone company in order for them to initiate tracing procedures. He stated that he did this on July 15, 17, and 18, 1975. He also testified that his brother's home was located near railroad tracks in Flatonia. On cross-examination the complainant testified that he used his home as his office for his business purposes and used the same phone for both personal and business uses. He further testified that at least two and maybe three people lived in the home of his brother, H. H. Steinhauser, during July of 1975.
On redirect examination he testified that the calls stopped around early October 1975, at the same time the county attorney advised him that he had informed the appellant and her husband that telephone company traces showed that the anonymous phone calls were emanating from their phone number.
The complainant's wife, Helen Steinhauser, testified that she occasionally answered the phone during the years of the anonymous phone calls, but never heard a voice. She once heard a train whistle in the background, but conceded on cross-examination that the train whistle in Flatonia could be heard anywhere in town. She stated that she also received similar anonymous phone calls while working at Gladys' Cookie Shop near Flatonia. The caller would ask if she were there and when she picked up the phone, it was hung up.
The State called three of the complainant's children who testified that they had on occasion answered the phone when a female voice asked for the mother. They testified that the voice seemed "middle-aged," but they did not know who it was.
Gladys Farek, proprietor of Gladys' Cookie Shop, testified that she had a conversation with the appellant two years prior to her testifying and before she received calls at the shop asking whether Helen Steinhauser was there. She testifie...
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...He cites four cases from other jurisdictions in support of his argument: Evans v. State, 382 So.2d 1084 (Miss.1980); Steinhauser v. State, 577 S.W.2d 257 (Tex.Cr.App.1979); Faulkner v. State, 510 S.W.2d 91 (Tex.Cr.App.1974); State v. Hulsey, 15 Ohio App.2d 153, 239 N.E.2d 567 Based on the f......
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...the only one with access to such a typewriter. This deficiency alone is enough to sustain reversal of this case. See Steinhauser v. State, Tex.Cr.App., 577 S.W.2d 257. There is no evidence to sustain the jury's conclusion that the appellant intended to annoy or alarm the recipient of the wr......
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...concluded that the state's case merely established a strong suspicion, but not guilt beyond a reasonable doubt. In Steinhauser v. State, 577 S.W.2d 257 (Tex.Crim.App.1979), evidence adduced at trial established that harassing telephone calls originated from the telephone in defendant's hous......
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...a violation of that section. Sterling relies on the cases of Wolfe v. State, 620 S.W.2d 602 (Tex.Crim.App.1981) and Steinhauser v. State, 577 S.W.2d 257 (Tex.Crim.App.1979) to support his position that the evidence is insufficient. In Steinhauser, no voice was ever heard by the complainant.......