Wilson v. State
| Decision Date | 11 December 1968 |
| Docket Number | No. 41710,41710 |
| Citation | 434 S.W.2d 873 |
| Parties | Bobby Joe WILSON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Dalton Gandy, Fort Worth (court-appointed), for appellant.
Frank Coffey, Dist. Atty., R. J. Adcock and Truman Power, Asst. Dist. Attys., Forth Worth, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is burglary with intent to commit theft; the punishment, assessed by the jury, two (2) years' confinement in the Texas Department of Corrections.
Appellant's trial commenced on May 20, 1968. The indictment charged and the proof showed that appellant committed a burglary on December 11, 1967, in Tarrant County.
In his sole ground of error appellant contends the trial court erred in overruling his motion to strike inadmissible testimony elicited from a police officer witness.
W. R. Lloyd, a Fort Worth City police officer, was one of three officers who testified on direct examination at the penalty stage of the proceedings that appellant's general reputation in the community in which he resided for being a peaceable and law abiding citizen was bad.
On cross-examination Lloyd admitted that he did not know appellant nor had he heard anything about his reputation prior to December 11, 1967. At such time appellant moved to strike Lloyd's testimony because 'he had not heard about the reputation of the defendant prior to December 11, 1967, date of this offense.' This motion as well as the subsequent motion for mistrial was overruled.
Broadway v. State, 418 S.W.2d 679, has been decided contrary to appellant's contention. There, this Court, speaking through Judge Dice, said:
'Art. 37.07, subd. 2, providing for the alternate procedure in determining guilt or innocence and punishment in a felony case less than capital or in a capital case where the state had made it known that it would not seek the death penalty, reads, in part, as follows:
"Regardless of whether the punishment be assessed by the judge or the jury, evidence may be offered by the State and the defendant as to the prior criminal record of the defendant, his general reputation and his character.'
'We hold that in the instant case the state was properly permitted to offer testimony as to appellant's bad reputation up to and including the date of trial.
'Under the provisions of Art. 37.07, the jury was authorized to consider appellant's general reputation in fixing the punishment.
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