Washington v. State, No. 42563
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Writing for the Court | BELCHER |
| Citation | 450 S.W.2d 630 |
| Decision Date | 11 February 1970 |
| Docket Number | No. 42563 |
| Parties | Charles WASHINGTON, Appellant, v. The STATE of Texas, Appellee. |
Page 630
v.
The STATE of Texas, Appellee.
Thomas E. Lucas, Houston (on appeal only) for appellant.
Carol S. Vance, Dist. Atty., James C. Brough and Ted Busch, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.
BELCHER, Judge.
The offense is murder with malice; the punishment, fifty years.
In his second ground of error the appellant challenges the sufficiency of the evidence.
Page 632
The state's evidence reflects the following:On November 26, 1966 Mrs. Carrie Cain Woods was in the front yard of Pete Escovedo's (the deceased) house at 2300 Reed Road in Harris County, Texas (Mrs. Woods owned the tract of property on which both the deceased's house and the house at which the shooting took place were located) when she saw a pickup truck with three men and a woman in it, pull in at the rear of a house she owned at 2303 Reed Road. The deceased got a pistol and he and Mrs. Woods jumped into Mrs. Woods' car and went to the house at 2303 Reed Road where they saw the woman sitting in the truck and the three men breaking into the rear door of the house. Mrs. Woods and the deceased got out of the car and went into the yard where the three men had by that time already broken the door. She asked the men their names and what they were doing there. One man told her his name was Samuel Johnson and the other man was his brother. The deceased disconnected the wires to the truck, told Mrs. Woods to call the police, and had walked to the rear of the pickup when the man who Mrs. Woods identified in the courtroom as the defendant, Charles Washington, said, 'It's either your or me,' and pulled a sawed-off shotgun from his coat and shot the deceased. The deceased, who at that time had his pistol in his hand, shot at the appellant grazing his head. Mrs. Woods called the police and an ambulance. She did not see the men again.
Mrs. Woods testified that she did not give the appellant and his companions permission to break into her house.
Officer Meyer of the Houston Police Department who arrived at the scene shortly after the shooting testified that the back door to the house appeared to have been forced, that the wood around the hinge on the door and the hasp had been broken away as if the door had been forced in, that the wooden portion of the door where the glass had been was boarded and had been knocked away, and that the house contained furniture, mattresses, beds, couches and chairs.
Dr. Robert Jordan, assistant medical examiner for Harris County, testified that the deceased, Pete Escovedo, died on January 4, 1967, and on that date a post-mortem examination was performed to determine cause of death; and the basic cause of death was a shotgun-type wound of the abdomen and chest.
The appellant did...
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Smith v. State, No. 47763
...this Court expressly stated it did not approve of the charge used but could not conclude it was fundamental error); Washington v. State, 450 S.W.2d 630 (Tex.Cr.App.1970); Daniel v. State, 486 S.W.2d 944 (Tex.Cr.App.1972), cert. denied, 410 U.S. 958, 93 S.Ct. 1433, 35 L.Ed.2d 692; Henderson ......
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Ex parte Gallegos, No. 48683
...test with the mockery of justice test in passing upon the effective assistance of counsel question. See, i.e., Washington v. State, 450 S.W.2d 630 (Tex.Cr.App.1970); Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Boykin v. State, 487 S.W.2d 128 (Tex.Cr.App.1972); Rascon v. State, 496 S.W......
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Johnson v. State, No. 44648
...(5th Cir. 1965); Brooks v. State, 473 S.W.2d 30 (Tex.Cr.App.1971); Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Washington v. State, 450 S.W.2d 630 In light of the entire record including appellant's trial counsel's filing of a motion to suppress evidence and his conducting a thorough ......
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Brooks v. State, No. 44226
...(5th Cir. 1968); Williams v. Beto, 354 F.2d 698 (5th Cir. 1965); Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Washington v. State, 450 S.W.2d 630 (Tex.Cr.App.1970). Applying this test to the instant case, we do not find that appellant was denied the effective assistance of That appella......
-
Smith v. State, No. 47763
...this Court expressly stated it did not approve of the charge used but could not conclude it was fundamental error); Washington v. State, 450 S.W.2d 630 (Tex.Cr.App.1970); Daniel v. State, 486 S.W.2d 944 (Tex.Cr.App.1972), cert. denied, 410 U.S. 958, 93 S.Ct. 1433, 35 L.Ed.2d 692; Henderson ......
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Ex parte Gallegos, No. 48683
...test with the mockery of justice test in passing upon the effective assistance of counsel question. See, i.e., Washington v. State, 450 S.W.2d 630 (Tex.Cr.App.1970); Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Boykin v. State, 487 S.W.2d 128 (Tex.Cr.App.1972); Rascon v. State, 496 S.W......
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Johnson v. State, No. 44648
...(5th Cir. 1965); Brooks v. State, 473 S.W.2d 30 (Tex.Cr.App.1971); Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Washington v. State, 450 S.W.2d 630 In light of the entire record including appellant's trial counsel's filing of a motion to suppress evidence and his conducting a thorough ......
-
Brooks v. State, No. 44226
...(5th Cir. 1968); Williams v. Beto, 354 F.2d 698 (5th Cir. 1965); Meeks v. State, 456 S.W.2d 938 (Tex.Cr.App.1970); Washington v. State, 450 S.W.2d 630 (Tex.Cr.App.1970). Applying this test to the instant case, we do not find that appellant was denied the effective assistance of That appella......