Valdez v. State, 42541
| Decision Date | 11 February 1970 |
| Docket Number | No. 42541,42541 |
| Citation | 450 S.W.2d 624 |
| Parties | Ismael VALDEZ, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Charles D. Tuttle, Big Spring (Court Appointed on Appeal), for appellant.
Wayne Burns, Dist. Atty., Big Spring, and Jim D. Vollers, State's Atty., Austin, for the State.
OPINION
The offense is assault with intent to murder with two non-capital convictions alleged for enhancement; the punishment, life.
The sole question presented by court appointed counsel on appeal is that at his trial appellant's court appointed attorney was inexperienced in the trial of criminal cases. He does not contend that such lawyer was incompetent.
A reading of this 468 page record convinces this court that trial counsel was thoroughly prepared factually. He called a number of witnesses, and presented the defense of self defense. The facts of the case, which indicated that appellant's antagonists were not armed, appellant seriously wounded the injured party in the case, and killed another by shooting with a pistol, presented a problem which would have caused Clarence Darrow serious concern.
We shall enumerate the errors in law which appellant's counsel lay at the door of trial counsel. He first contends that trial counsel failed to impeach the injured party by showing that he had been arrested on prior occasions. There is nothing in the record to show that he had a prior criminal record. Appellant's attorney on appeal has attached exhibits to appellant's brief to indicate evidence of the injured party's prior arrests, and two convictions for aggravated assault (not shown to be on females) in which he was fined $100.00 in each case. Even if we were authorized to consider such exhibits, we observe that the prior arrests and convictions for aggravated assault were not available for impeachment under Article 38.29, Vernon's Ann.C.C.P. Aggravated assault (not committed on a female) is not a misdemeanor involving moral turpitude, Stewart v. State, 100 Tex.Cr.R. 566, 272 S.W. 202; Lloyd v. State, 151 Tex.Cr.R. 43, 204 S.W.2d 633; Dempsey v. State, 159 Tex.Cr.R. 602, 266 S.W.2d 875.
Next, he maintains, that trial counsel failed to object to the State's argument concerning the killing of the injured party's companion, which the state alleges is indicative of appellant's malice in the case at bar. Both shootings occurred one right after the other at the same location, and were in evidence before the the jury. We deem...
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Tello v. State, No. 07-08-0314-CR (Tex. App. 10/30/2009)
...for the conclusion that misdemeanor assault by a male of another male is a crime involving moral turpitude. Cf. Valdez v. State, 450 S.W.2d 624, 625 (Tex.Crim.App. 1970) (in case predating the 1973 revision of the Penal Code and the rules of criminal evidence, court stated, "[a]ggravated as......
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Hardeman v. State
...certainly have resulted in a reversal of the conviction anyway. Sixteen years after Dempsey the issue was mentioned in Valdez v. State, 450 S.W.2d 624 (Tex.Crim.App.1970). The issue on appeal was the propriety of defense counsel's failure to introduce two prior convictions of aggravated ass......
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Patterson v. State, C14-89-216-CR
...against women are not crimes involving moral turpitude. Knox v. State, 487 S.W.2d 322, 326 n. 2 (Tex.Crim.App.1972); Valdez v. State, 450 S.W.2d 624, 625 (Tex.Crim.App.1970). Since Malone's victims were both male, his conviction is neither a felony nor one which involves moral turpitude. Ac......
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Cross v. State
...weapon was neither a felony (Vernon's Annotated Texas Penal Code, Articles 1147 & 1148) nor a crime of moral turpitude (Valdez v. State, 450 S.W.2d 624 (Tex.Cr.App.1970)), and such a conviction cannot be used to The State contends that the grounds of error were not preserved by proper objec......
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Civil Litigation
...Form 1:790 TEXAS SMALL-FIRM PRACTICE TOOLS 1-200 34. Nattali v. State , 209 S.W.2d 930 (Tex. Crim. App. 1948). 35. Valdez v. State , 450 S.W.2d 624 (Tex. Crim. App. 1970). 36. Duncan v. Board of Disciplinary Appeals , 898 S.W.2d 759 (Tex. 1995). 37. Taylor v. State , 199 S.W.2d 289 (Tex. Cr......
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Table of Cases
...[14th Dist.] 2002, pet. ref’d ), §13:13.4 Valdez v. State, 218 S.W.3d 82 (Tex. Crim. App. 2007), §20:21.5 Valdez v. State, 450 S.W.2d 624 (Tex. Crim. App. 1970), §15:56.3.2 Valdez v. State, 472 S.W.2d 754 (Tex. Crim. App. 1971), §14:45 Valenciano v. State, 720 S.W.2d 523 (Tex. Crim. App. 19......
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Table of Cases
...[14th Dist.] 2002, pet. ref’d ), §13:13.4 Valdez v. State, 218 S.W.3d 82 (Tex. Crim. App. 2007), §20:21.5 Valdez v. State, 450 S.W.2d 624 (Tex. Crim. App. 1970), §15:56.3.2 Valdez v. State, 472 S.W.2d 754 (Tex. Crim. App. 1971), §14:45 Valenciano v. State, 720 S.W.2d 523 (Tex. Crim. App. 19......