Williams v. State, No. 54730
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Writing for the Court | PHILLIPS |
| Citation | 567 S.W.2d 507 |
| Parties | Cass WILLIAMS, Appellant, v. The STATE of Texas, Appellee |
| Decision Date | 21 June 1978 |
| Docket Number | No. 1,No. 54730 |
Page 507
v.
The STATE of Texas, Appellee.
Tom Crum, Waxahachie, for appellant.
Gene Knize, County Atty., Waxahachie, for the State.
Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.
PHILLIPS, Judge.
This is an appeal from a conviction for the offense of attempted murder. V.T.C.A., Penal Code, Sections 15.01(a) and 19.02(a)(1). Punishment was assessed at seven years, probated.
It was established at trial that on April 16, 1976, at 10:30 p. m., the appellant, Tommy Busby, C. J. Powell, Willie Lester, Clarence Cook, and Eloise Williams were visiting at Jimmy Freeman's residence on Preston Street. Eloise Williams, the appellant's sister-in-law, testified that they were talking and drinking coffee. During the conversation, Tommy Busby went to the restroom. Witness Williams then asked Clarence Cook, whose nickname was "Baby Jay," to go to the kitchen and get her another cup of coffee. Cook took her coffee cup and started walking towards the kitchen. The appellant stood up and pulled
Page 508
a gun out of his pocket. Williams said, "Run, Baby Jay. He is going to shoot you." Cook ran toward the back door, Busby stepped out of the restroom, and the appellant fired, striking Busby. Busby fell to the floor. The appellant stepped over Busby and went out the back door following Cook.Williams' testimony was corroborated by Willie Lester, Jerry Freeman, Clarence Cook, and Tommy Busby. All of these witnesses testified that there had been no drinking of alcoholic beverages nor any arguments or fights prior to the shooting.
Jerry Young testified that he arrived at Freeman's residence at approximately 10:10 p. m. Young saw Earle Rowden and they both went outside to the backyard. At approximately 10:30 they heard a shot in the house and saw Clarence Cook run out the back door and around the side of the house. Young and Rowden started towards the door. The appellant came out of the back door and fired two shots. After each shot was fired, Rowden stated, "Cass, you shot me, man." Young ran for cover and crouched behind a parked car. Young then told appellant who he was and the appellant fired one shot at him. The appellant ran down Preston Street towards Clay Street.
Claude Freeman testified that on April 16, 1976, at approximately 11:00 p. m., the appellant came to his house on Clay Street and asked Freeman to keep a gun for the appellant without telling anyone. When Freeman refused, the appellant left. Freeman stated that on June 14 he had called a serviceman to repair his washing machine, which was out on his back porch. The serviceman found a gun under the washing machine.
The appellant testified in his own behalf that he had purchased a gun similar to that introduced into evidence over one year before. At that time, the gun had six cartridges in it and six extra cartridges. On April 16, he spoke to several young men who told appellant where he could buy some more cartridges for his gun. The appellant stated he intended to buy more cartridges in order to shoot snakes when he went fishing. The appellant carried the gun with him in order to match the cartridges because he did not know if the gun was a .22 or .25 caliber.
The appellant testified that he had "quite a bit" to drink before going to Freeman's house. He continued to drink whiskey and beer after his arrival. The appellant related he did not recall ever taking the gun out of his pocket nor firing the gun. He stated, "I just got on one of those running sprees and had too much to drink. I don't know what happened." The appellant explained that he would not have intentionally shot at Busby or Rowden had he been aware of what was happening and stated he considered Rowden his closest friend. He did not learn of the shootings until he voluntarily went to the police station.
In rebuttal, Officer Andrew Mendoza testified that he saw the appellant at the police station between 11:00 and 11:30 p. m. In Officer Mendoza's opinion, the appellant was not intoxicated at that time. Mendoza stated, in his earlier investigation of the shooting that evening, he had not seen any alcoholic beverages in Freeman's house and none of the witnesses he spoke with appeared intoxicated.
In his Grounds of Error 1, 2, and 5, the appellant contends that the evidence was insufficient to show the appellant knowingly or intentionally attempted to kill...
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Dowden v. State, No. 596-82
...which provides that a person commits murder if he intentionally or knowingly causes the death of an individual. See Williams v. State, 567 S.W.2d 507, 509 (Tex.Cr.App.1978), citing Blansett v. State, 556 S.W.2d 322 (Tex.Cr.App.1978). See also Martinez v. State, 533 S.W.2d 20 (Tex.Cr.App.197......
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Hartwell v. State, NUMBER 13–14–00087–CR
...was sufficient to support the trial court's voluntary intoxication instruction. See Taylor, 856 S.W.2d at 472–73 ; Williams v. State, 567 S.W.2d 507, 510 (Tex.Crim.App.1978) (finding the voluntary instruction proper when the only evidence tending to show intoxication was appellant's stateme......
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Norris v. State, No. 69,856
...property was injured, harmed, or otherwise affected. An illustration of the doctrine of transferred intent is found in Williams v. State, 567 S.W.2d 507 (Tex.Cr.App.1978). The defendant and several others were visiting at a friend's residence. The defendant stood and pointed a pistol at Coo......
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Rodriguez v. State, No. 03-95-00742-CR
...Dowden v. State, 758 S.W.2d 264, 274 (Tex.Crim.App.1988); McNeal v. State, 600 S.W.2d 807, 808 (Tex.Crim.App.1980); Williams v. State, 567 S.W.2d 507, 508-09 (Tex.Crim.App.1978). Thus, felony murder was not limited to the third mode of first degree murder under section 19.02(a)(3). 16 Tex. ......
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Dowden v. State, No. 596-82
...which provides that a person commits murder if he intentionally or knowingly causes the death of an individual. See Williams v. State, 567 S.W.2d 507, 509 (Tex.Cr.App.1978), citing Blansett v. State, 556 S.W.2d 322 (Tex.Cr.App.1978). See also Martinez v. State, 533 S.W.2d 20 (Tex.Cr.App.197......
-
Hartwell v. State, NUMBER 13–14–00087–CR
...was sufficient to support the trial court's voluntary intoxication instruction. See Taylor, 856 S.W.2d at 472–73 ; Williams v. State, 567 S.W.2d 507, 510 (Tex.Crim.App.1978) (finding the voluntary instruction proper when the only evidence tending to show intoxication was appellant's stateme......
-
Norris v. State, No. 69,856
...property was injured, harmed, or otherwise affected. An illustration of the doctrine of transferred intent is found in Williams v. State, 567 S.W.2d 507 (Tex.Cr.App.1978). The defendant and several others were visiting at a friend's residence. The defendant stood and pointed a pistol at Coo......
-
Rodriguez v. State, No. 03-95-00742-CR
...Dowden v. State, 758 S.W.2d 264, 274 (Tex.Crim.App.1988); McNeal v. State, 600 S.W.2d 807, 808 (Tex.Crim.App.1980); Williams v. State, 567 S.W.2d 507, 508-09 (Tex.Crim.App.1978). Thus, felony murder was not limited to the third mode of first degree murder under section 19.02(a)(3). 16 Tex. ......