Suiter v. State, 29470
| Decision Date | 12 February 1958 |
| Docket Number | No. 29470,29470 |
| Citation | 310 S.W.2d 81,165 Tex.Crim. 578 |
| Parties | J. J. SUITER, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
No attorney on appeal for appellant.
Leon B. Douglas, State's Atty., Austin, for the State.
DICE, Commissioner.
The conviction is for driving while intoxicated; the punishment, 45 days in jail and a fine of $200.
The State's testimony shows that the appellant drove his automobile upon a public street and highway on the date alleged and while being pursued by Highway Patrolman Calvin Harrell was stopped by City Officers Howell and Burleson at 19th Street and Avenue S in the City of Lubbock. A search of appellant's automobile revealed a half pint whiskey bottle, practically empty, on the floor board and an empty beer can under the front seat.
Patrolman Harrell and the two City Officers were called as witnesses by the State.
In describing the appellant's actions and appearance at the scene after being stopped, the officers testified that they could smell an alcoholic beverage on his breath; that he staggered when he walked, his eyes were glassy, his speech very incoherent and each officer stated that in his opinion the appellant was, at such time, intoxicated.
As a witness in his own behalf appellant admitted driving the automobile on the night in question and having consumed the whiskey from the bottle found in the car. He also admitted that he had been under influence of the whiskey earlier in the evening but had 'sobered-up' prior to being arrested. Appellant further testified that he suffered from phlebitis in the leg which affected his normal walk and also had a ruptured disk in his back which caused difficulty in his walking.
Upon being called as a witness, appellant's wife corroborated his testimony relative to the condition of his leg and back and the effect upon his nervous condition and manner of walking.
The jury chose to accept the State's testimony and reject that of appellant and we find the evidence sufficient to sustain their verdict.
By Bill of Exception No. 1 appellant complains of the court's refusal of his request to take the State's witness, Patrolman Harrell, on voir dire examination outside the presence and hearing of the jury for the purpose of making an objection to his testimony. The bill reflects that the objection which the appellant desired to make to the witness' testimony was that he could not identify the appellant and the car in which he was driving as the person and automobile with which he first came in contact. The manner of examining the witness was a matter within the discretion of the trial judge and we find no abuse of discretion or injury to appellant in refusing the request.
By Bill of Exception No. 2 appellant complains of the court's action in permitting Patrolman Harrell to relate a portion of a conversation he had with appellant at the scene of...
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Wheatfall v. State
...jury is best left to the sound discretion of a trial court. See West, Texas Digest 2d, Criminal Law, § 633(1); cf. Suiter v. State, 165 Tex.Cr.R. 578, 310 S.W.2d 81, 82 (1958) (trial court enjoys broad discretion in the conduct of trial and questioning of witnesses); Deams v. State, 159 Tex......
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Brown v. State
...The manner of examining a witness is a matter generally resting within the sound discretion of the trial court. See Suiter v. State, 165 Tex.Cr.R. 578, 310 S.W.2d 81. While it would appear at first blush that the court should have heeded the request made, it is observed that the witness had......
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Allen v. State, C14-90-0315-CR
...the rule in Texas that the manner of examining a witness is a matter within the discretion of the trial court. Suiter v. State, 165 Tex.Crim. 578, 310 S.W.2d 81, 82 (App.1958); TEX.R.CRIM.P. During the trial, the jurors asked questions of one witness in which the following format was used: ......
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Richardson v. State
...and the questioning of witness; its rulings on these matters will not be disturbed absent an abuse of discretion. Suiter v. State, 310 S.W.2d 81, 82 (Tex.Crim.App.1958); Deams v. State, 159 Tex.Cr.R. 496, 265 S.W.2d 96, 98 (1954). We find no abuse of discretion in the trial court's refusal ......