Thrash v. State, 45054
| Decision Date | 14 June 1972 |
| Docket Number | No. 45054,45054 |
| Citation | 482 S.W.2d 213 |
| Parties | Aubrey Gerald THRASH, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Melvyn Carson Bruder, Dallas, for appellant.
Henry Wade, Dist. Atty., Catharine T. Hill, Asst. Dist. Atty., Dallas, and 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 the offense of robbery. After a guilty verdict by the jury, the court assessed the punishment at twenty-five years.
The sufficiency of the evidence is not challenged.
The appellant contends that the court erred in refusing to let him impeach one of the State's witnesses; that a prior conviction used at the penalty stage of the trial was void; and, that the court erred by instructing the jury in the correct procedure to have the testimony of a witness repeated.
The record reflects that shortly after 9:00 p.m. on January 2, 1970, the appellant, who was wearing sunglasses and a hooded grey sweatshirt, went into a liquor store in Dallas and robbed the owner, John Vogel. Fred Broadwater, who was in the store, positively identified the appellant as the robber. Vogel, an elderly man, was less positive in his identification of the appellant.
While in the store, appellant ordered Vogel to hand over the money from the cash register and cautioned Broadwater not to make a move or his friend would be killed. Vogel gave the robber $120.00 in cash. The appellant forced Vogel and Broadwater to lie down in a storage room while he made his escape.
The appellant's defense was alibi supported by his mother and a family friend. A jail mate also testified that he committed the robbery and not the appellant. The jury chose to believe the witnesses for the State.
Two witnesses testified that the appellant came to their apartment and told them he was going to rob a store. He left and later returned with money and a revolver, changed clothes and left.
The first complaint is that the court erred in refusing to permit him to prove the two witnesses were homosexuals. Outside the presence of the jury, it was shown that one of the witnesses had been discharged from the service because he was a homosexual and had relations with the other witness. The appellant asked the court for this testimony to go before the jury because this would bear on the credibility of their testimony about the robbery. The trial court ascertained that the two witnesses had never been convicted for any offense and refused the proffered impeachment testimony.
There was no contention of any bias or animosity of the witnesses toward appellant.
Evidence of specific acts of misconduct against a witness is not admissible for impeachment purposes. Garcia v. State, Tex.Cr.App., 454 S.W.2d 400. Article 38.29, Vernon's Ann.C.C.P., provides that a witness in a criminal case may not be impeached if he had been charged by an indictment,...
To continue reading
Request your trial
-
Bates v. State
...of misconduct by a witness are not admissible for impeachment purposes. Hoffman v. State, 514 S.W.2d 248 (Tex.Cr.App.); Thrash v. State, 482 S.W.2d 213 (Tex.Cr.App.); Garcia v. State, 454 S.W.2d 400 (Tex.Cr.App.). This general principle applies when reviewing the propriety of a trial court'......
-
Robison v. State
...whether there is a factual dispute between the jurors is left to his sound discretion. See Jones, 706 S.W.2d at 668; Thrash v. State, 482 S.W.2d 213 (Tex.Crim.App.1972); Flores v. State, 827 S.W.2d 529 (Tex.App.--Austin 1992, no pet.). However, as stated by this Court in Moore v. State, 874......
-
Meeks v. State
...its sound discretion. Robison, 888 S.W.2d at 480. See also, Jones v. State, 706 S.W.2d 664, 668 (Tex.Crim.App.1986); Thrash v. State, 482 S.W.2d 213, 214 (Tex.Crim.App.1972). However, a simple request for testimony, without more, is not an indication of implicit disagreement. Moore v. State......
-
Hoffman v. State, 48353
...purposes. Sparks v. State, 366 S.W.2d 591 (Tex.Cr.App. 1963); Garcia v. State, 454 S.W.2d 400 (Tex.Cr.App. 1970); Thrash v. State, 482 S.W.2d 213 (Tex.Cr.App. 1972). An exception applies, however, when a witness makes a blanket statement concerning his conduct, such as never having been cha......