Trammell v. State
| Decision Date | 21 June 1950 |
| Docket Number | No. 24864,24864 |
| Citation | 155 Tex.Crim. 173,232 S.W.2d 719 |
| Parties | TRAMMELL v. STATE. |
| Court | Texas Court of Criminal Appeals |
Edward L. Dunlap, Victoria, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
Appellant was convicted of the offense of assault with intent to rape, and the jury assessed his punishment at two years' confinement in the penitentiary.
The sufficiency of the evidence to show a specific intent on the part of appellant to have carnal knowledge of the female named in the indictment is questioned.
The evidence, from the State's standpoint, shows that appellant, a married man and the father of a child, at about 10 o'clock at night, went to the home of Doyle Green, Chief Boatswain Mate of the U. S. Coast Guard, in the town of Port O'Connor, where he found Mrs. Green alone.
Mrs. Green, the alleged injured party, is shown to have been 31 years of age, and had been married to Chief Green some 12 years. She was more than five months advanced in pregnancy at the time, a girl baby having arrived prior to the trial.
Upon ascending the stairs leading to the upstairs entrance of the Green home, appellant knocked at the screen door. Mrs. Green, who had retired, upon awakening said, 'Who is there and what do you want?' Appellant replied, 'My name is Bell, and I want to use the telephone to call the doctor, my baby is sick.' Mrs Green put on her robe and upon going to the door and seeing appellant, a stranger she had never seen, clad in dungarees and shirtless, standing at the door said, Appellant replied, 'I live down the street and my baby is awfully sick.'
Appellant was then admitted, and thereafter no word appears to have been spoken by him.
The telephone, located in the bedroom of the Green home, was owned by the Coast Guard and could be used only by calling through the Coast Guard Station.
After pointing out the telephone and while appellant stood at the door, it occurred to Mrs. Green that a stranger would not know how to use it. She then walked to the telephone saying 'I will call my husband and get permission, because he has to O.K. all calls.'
Mrs. Green testified to the events immediately following as follows:
'He walked in right behind me and I started to ring the telephone and he slapped his hand across my mouth and threw me across the bed.'
Mrs. Green went to the home of George Ortiz on the night in question. Ortiz testified:
Carlisle Bryan testified that on the following day he observed scratches on appellant's face.
Appellant was identified by Mrs. Green from a picture shown to her of a group, and thereafter search was made for him in the vicinity of his home in Seadrift, and his place of employment near Port O'Connor. He was arrested sometime thereafter in Arizona.
It was shown that appellant had not gone by the name of 'Bell' on other occasions and that his correct name was George Trammell. It also appears that he did not reside in Port O'Connor and that his child was not ill on the occasion in question.
There is evidence in the record that appellant had been drinking, but Mrs. Green...
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Robinson v. State, 25136
...not made in reply to or provoked by arguments of appellant's counsel. See Baggett v. State, Tex.Cr.App., 229 S.W.2d 801, Trammell v. State, Tex.Cr.App., 232 S.W.2d 719. Bill No. 27 relates to the opening argument of state's counsel wherein the following language was used: 'Not one word do y......
- Tilford v. State
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Hilton v. State, 24974
...It is not shown that the argument complained of was not provoked or invited by the argument of appellant's counsel. See Trammell v. State, Tex.Cr.App., 232 S.W.2d 719. Also appellant's objection was sustained by the court, the remark withdrawn by the district attorney, and the court instruc......