Strader v. State, 45084
| Decision Date | 14 June 1972 |
| Docket Number | No. 45084,45084 |
| Parties | Ray Otis STRADER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Robert B. Maloney, Dallas (on appeal only), for appellant.
Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., Asst. Dist. Atty., Dallas, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.
This is an appeal from a conviction for robbery by assault where the punishment, enhanced under Article 62, Vernon's Ann.P.C., was assessed at life imprisonment.
Initially, appellant complains that the court erred in admitting into evidence fruits of the search of his automobile, contending such evidence had been obtained by virtue of a warrantless search incident to an illegal arrest. The items apparently referred to were a money folder (or clip), and two billfolds.
Gary Ross Jordan testified that about 11:20 p.m. on September 2, 1969, the appellant and another man forced their way into his apartment in the City of Dallas and, at gun point, took from him approximately $41.00, a money clip, and two billfolds. Without objection, in the jury's presence, he identified the three exhibits as being the ones taken. When the exhibits were offered, the only objection was that 'there was no showing of any chain of custody of these items.' The exhibits were then admitted.
Jordan related that he gave to Dallas City Police a full description of the two men and the property taken.
Detective Sewell testified that the following day an informant came to the police department about 4 p.m. and gave him and other officers information about this particular robbery; that he did not know this informant, and had not previously received information from her; that the officers questioned her for more than one hour in an effort to establish her credibility; that the informant told the officers one of the robbers was known as 'Ray', gave a description of the car used by 'Ray' and offered to take the officers to the apartment house frequented by 'Ray'. Thereafter, in company of the informant, Sewell and two other officers went to the apartment house in question and the informant pointed out the car in question on the parking lot and then the informant left. The officers kept the car under surveillance and about 6:45 p.m., saw the appellant and another man get into the car. They matched the descriptions available to the police. The officers also observed that the back seat of the car was filled with suitcases and clothing and 'was packed for traveling.' The officers followed the car driven by the appellant and stopped it a short time later. A search of the car for weapons revealed Jordan's money clip and the billfolds in the glove compartment. The items matched the description earlier given the police.
Sewell explained that when they went to the location, they did not know there was to be a search, and, after the unraveling events, there was no time to get a warrant when the appellant and his companion got in the car 'packed for traveling' and departed.
Testifying in his own behalf, the appellant denied the robbery and claimed an alibi by relating that he was at the Hearts Club up until 11 p.m. on the date in question. He acknowledged that the club, the place he lived and Jordan's apartment were within a radius of three or four blocks of each other.
He related that he and his companion were on their way to Phoenix, Arizona, and disclaimed any knowledge of how the money clip and billfolds came to be in the glove compartment of his car, which, on direct examination, he admitted were found by the officers.
First, when the items were admitted into evidence, the only objection was as to 'chain of custody.' We know of no requirement that a victim of a robbery may not identify items taken from him and the same be introduced unless the prosecution traces the chain of custody from the time of the robbery to the time of the trial. 1
Second, appellant's complaint is directed to the testimony of Officer Sewell that the items were found in the car appellant was driving. We call attention to Article 14.04, Vernon's Ann.C.C.P., which provides:
'Where it is shown by satisfactory proof to a peace officer, upon the...
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Davison v. State, 48474
...Cain v. State, 468 S.W.2d 856 (Tex.Cr.App.1971); Jones v. State, 500 S.W.2d 661 (Tex.Cr.App.1973). 2 See also Strader v. State,482 S.W.2d 226 (Tex.Cr.App.1972). The State's 'offer' of certain documents bearing on prior convictions which were not shown to have been admitted without further e......
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Haywood v. State, 47877
...theft. Such conviction was of like character with robbery by assault. Woods v. State, 487 S.W.2d 727 (Tex.Cr.App.); Strader v. State, 482 S.W.2d 226 (Tex.Cr.App.). Appellant makes no argument, and cites no authorities, and does not comply with the provisions of Art. 40.09, §§ 9, V.A.C.C.P.,......