Terry v. State, No. 45614

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtODOM
Citation491 S.W.2d 161
PartiesJudy TERRY, Appellant, v. The STATE of Texas, Appellee.
Docket NumberNo. 45614
Decision Date24 January 1973

Page 161

491 S.W.2d 161
Judy TERRY, Appellant,
v.
The STATE of Texas, Appellee.
No. 45614.
Court of Criminal Appeals of Texas.
Jan. 24, 1973.
Rehearing Denied March 21, 1973.

Douglas Tinker, Corpus Christi, for appellant.

William B. Mobley, Jr., Dist. Atty., Phillip Westergren and Irma Rangel, Asst. Dist. Attys., Corpus Christi, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

The jury in this cause found appellant guilty of the offense of murder without malice; the court assessed punishment at five years and this appeal is taken from the conviction.

The evidence shows that the victim of this homicide was the infant son (approximately one month and three days old) of the appellant and her husband.

Appellant complains of the admission in evidence of eight color pictures.

Page 163

Recently, in Martin v. State, Tex.Cr.App., 475 S.W.2d 265, we discussed the admissibility of pictures in evidence and the holding therein is controlling. We will further elaborate and then determine if the pictures are admissible in the instant case.

Photographs are admissible in evidence on the theory that they are pictorial communications of a witness who uses them instead of, or in addition to, some other method of communication. Thus, they are admissible on the same grounds and for the same purposes as are diagrams, maps, and drawings of objects of places, and the same rules of admissibility applicable to objects connected with the crime apply to photographs of such objects. This is true whether they are originals or copies, black and white or colored. So, a photograph, proved to be a true representation of the person, place, or thing which it purports to represent, is competent evidence of those things of which it is material and relevant for a witness to give a verbal description.

And, we again pont out, as we did in Martin v. State, supra, and Lanham v. State, Tex.Cr.App., 474 S.W.2d 197, that the admission in evidence of photographs must necessarily rest largely in the discretion of the trial judge, who determines whether they serve a proper purpose in the jury's enlightenment, and his action will not be disturbed in the absence of a showing of an abuse of discretion.

Now, to the case at bar. Eight color slides were introduced and shown on a screen so the jury could view them. The first three (State's Exhibits 2, 3, and 4) show the nude body of the child depicting many bruises;...

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73 practice notes
  • Smith v. State, No. 68906
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 19, 1984
    ...results of the crime will otherwise accurate depictions be inadmissible." 532 S.W.2d at 321. The Court was referring to Terry v. State, 491 S.W.2d 161 (Tex.Cr.App.1973), where we held that four photographs of a child's body taken after an autopsy had been performed were inadmissible for the......
  • Madden v. State, No. 69625
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 12, 1990
    ...The photographs show the nature and the extent of his wounds, but there is no mutilation of Gary's body. 23 Cf. Terry v. State, 491 S.W.2d 161 (Tex.Cr.App.1973) (post-autopsy photographs inadmissible where body mutilated by surgery). We find these photographs were probative of the circumsta......
  • Brasfield v. State, No. 61871
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 13, 1980
    ...the probative value to the jury. See Kalinec v. State, 500 S.W.2d 146, 147 (Tex.Cr.App.1973). Appellant's reliance upon Terry v. State, 491 S.W.2d 161 Page 298 (Tex.Cr.App.1973), is misplaced. The photograph in this case did not show the results of an autopsy, as in Terry ; instead, the pho......
  • Gordon v. State, No. 04-81-00116-CR
    • United States
    • Court of Appeals of Texas
    • September 1, 1982
    ...be admissible if otherwise material and relevant to the issue on trial. Byrd v. State, 495 S.W.2d 226 (Tex.Cr.App.1973); Terry v. State, 491 S.W.2d 161 (Tex.Cr.App.1973); Martin v. State, 475 S.W.2d 265 (Tex.Cr.App.1972); Lanham v. State, 474 S.W.2d 197 (Tex.Cr.App.1971). The photographs we......
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73 cases
  • Smith v. State, No. 68906
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 19, 1984
    ...results of the crime will otherwise accurate depictions be inadmissible." 532 S.W.2d at 321. The Court was referring to Terry v. State, 491 S.W.2d 161 (Tex.Cr.App.1973), where we held that four photographs of a child's body taken after an autopsy had been performed were inadmissible for the......
  • Madden v. State, No. 69625
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • September 12, 1990
    ...The photographs show the nature and the extent of his wounds, but there is no mutilation of Gary's body. 23 Cf. Terry v. State, 491 S.W.2d 161 (Tex.Cr.App.1973) (post-autopsy photographs inadmissible where body mutilated by surgery). We find these photographs were probative of the circumsta......
  • Brasfield v. State, No. 61871
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 13, 1980
    ...the probative value to the jury. See Kalinec v. State, 500 S.W.2d 146, 147 (Tex.Cr.App.1973). Appellant's reliance upon Terry v. State, 491 S.W.2d 161 Page 298 (Tex.Cr.App.1973), is misplaced. The photograph in this case did not show the results of an autopsy, as in Terry ; instead, the pho......
  • Gordon v. State, No. 04-81-00116-CR
    • United States
    • Court of Appeals of Texas
    • September 1, 1982
    ...be admissible if otherwise material and relevant to the issue on trial. Byrd v. State, 495 S.W.2d 226 (Tex.Cr.App.1973); Terry v. State, 491 S.W.2d 161 (Tex.Cr.App.1973); Martin v. State, 475 S.W.2d 265 (Tex.Cr.App.1972); Lanham v. State, 474 S.W.2d 197 (Tex.Cr.App.1971). The photographs we......
  • Request a trial to view additional results

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