Wood v. State
| Citation | 440 S.W.2d 640 |
| Decision Date | 23 April 1969 |
| Docket Number | No. 41945,41945 |
| Parties | Willodean Carolyn WOOD, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Don Metcalfe, Dallas, court appointed on appeal only, for appellant.
Henry Wade, Dist. Atty., Charles H. Erwin, James Alton Mills, Jr., Kerry Fitz-Gerald and Malcolm Dade, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
The conviction is for passing as true a forged instrument; the punishment, five years.
The record reflects that appellant presented and passed to John W. Copeland, store manager of a Tom Thumb Store in Garland, a check as follows:
A picture of appellant and the check was made at the store when she cashed the check. There was no account under the name of Mrs. Joyce Felts at the bank upon which the check was drawn.
In the first ground of error, it is contended that the trial court erred in refusing a requested charge that the State must prove beyond a reasonable doubt that appellant knew the check was forged, or if the jury had a reasonable doubt to aquit her. The trial court instructed the jury:
'* * * if you find and believe from the evidence beyond a reasonable doubt that the defendant, Willodean Carolyn Wood * * * did wilfully, knowingly and fraudulently pass as true, * * * and there well knowing the said instrument in writing to be false and forged * * * to find her guilty.
'If you do not so find and believe from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof then you will find the defendant not guilty.'
The instruction given by the trial court was in substance the same as the instruction requested by appellant. 1 No error is shown.
Complaint is made in the second ground of error that the trial court erred in permitting the State to introduce records of a conviction for 'false pretenses' from Alabama at the penalty stage of the trial, because there was no legible seal on the records, and she was not furnished counsel on appeal. The trial court found that the seal was dim but legible. Even if there had been no seal, no error would be shown, because appellant testified that she had been convicted for the offense.
As to her contention that she was not provided counsel on appeal in the Alabama case, the record shows that she had appointed counsel and entered a plea of guilty and after the trial asked to withdraw her appeal. She testified that she had entered a plea of not guilty and did not appeal, because the judge would not appoint her a lawyer. The trial court was not required to believe her testimony that she was denied counsel. No error is shown.
Improper argument is alleged as the basis of the third ground of error. It is contended that the following argument was made: 'It is a reasonable deduction from the evidence that the Defendant wrote the check or that it was written under her direction.' The record does not contain the argument at the guilt stage of the trial. There is no formal or informal bill of exception in the record showing this argument was made, and nothing is presented for review. There was no compliance with Art. 40.09, Secs. 4, 6(a) or 6(b), Vernon's Ann.C.C.P.
The fourth ground of error relates to argument of the prosecutor Charles H. Erwin during the penalty part of the trial when he stated that the jury should take into consideration that the law did not...
To continue reading
Request your trial
-
Wood v. State, 44633
...from a conviction for the offense of forgery. Punishment was assessed by the jury at five years confinement. (See also Wood v. State, Tex.Cr.App., 440 S.W.2d 640) Three grounds of error are brought forth. In view of our disposition of the case, only one will be By her second ground of error......
-
Parr v. State
...Tex.Cr.App., 517 S.W.2d 282; Aranda v. State, Tex.Cr.App., 506 S.W.2d 221; Webster v. State, Tex.Cr.App., 455 S.W.2d 264; Wood v. State, Tex.Cr.App., 440 S.W.2d 640. In the instant case, the charge given was substantially the same as the charge requested and adequately protected the appella......
-
Barefield v. State
...or instruction to disregard, except where the evidence is clearly calculated to inflame the minds of the jurors); Wood v. State, 440 S.W.2d 640, 642 (Tex.Cr.App.1969) (any error rendered harmless where prosecutor's argument regarding defendant's extraneous offense was withdrawn and court in......
-
Hughes v. State, 57394
...disregard rendered the error harmless. See Hicks v. State, Tex.Cr., 545 S.W.2d 805; Easley v. State, Tex.Cr., 454 S.W.2d 758; Wood v. State, Tex.Cr., 440 S.W.2d 640; Morris v. State, Tex.Cr.App., 432 S.W.2d Appellant next complains of the admission of two photographs into evidence. One of t......