Woods v. State
Decision Date | 22 March 1972 |
Docket Number | No. 44669,44669 |
Citation | 480 S.W.2d 664 |
Parties | Hollis Earl WOODS, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
James P. Finstrom, Dallas, for appellant.
Henry Wade, Dist. Atty., W. T. Westmoreland, Jr., and Robert Baskett, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.
This appeal is from a conviction for the offense of robbery. The punishment was assessed by the court at life.
Appellant brings two grounds of error. The first concerns the admission of an extraneous offense and the second, the admission of exhibits.
Henry C. Tutt, the complaining witness, testified that on June 16, 1970, he lived in an apartment in Dallas. He was in his apartment watching television, while 'the midnight movie was on,' when Deborah Smith, the appellant and another man entered his apartment. The two men began struggling with him. During the struggle appellant stabbed him. Meanwhile, Deborah Smith and the two men took his pistol, his wrist watch, and his wallet which contained $81.00. They then left his apartment. He stated that he was in fear of his life and that the property was taken from him without his consent or permission.
Leo McWilliams testified that on the date in question (June 16, 1970), at approximately 1:30 A.M., Deborah Smith, appellant and another man approached him in a filling station. She invited him to have drinks with her. They rendezvoused at a nearby location on a dark street and Deborah Smith entered his automobile, removed a pistol from her purse, and shot him in the jaw. Whereupon, appellant approached the car and stabbed him in the back and they took his automobile from him without his consent or permission. He further testified that the car was returned to him about two weeks later and that about three thousand miles had been put on it since it was taken from him.
R. J. Weaver, a Dallas County Deputy Sheriff, testified that he had gone to Casa Grande, Arizona, to take custody of the appellant and his two companions and returned them, and the McWilliams automobile to Dallas. He stated that it was approximately 1000 miles from Dallas to Casa Grande. When he took custody of the three in Arizona he received a knife, a Texas driver's license in the name of Henry C. Tutt, and two documents bearing the name of Leo McWilliams. These items were admitted into evidence without objection.
Appellant's first ground of error asserts '(t)he trial court erred in admitting testimony of Witness Leo McWilliams over appellant's objection for the reason that same established an extraneous offense connected in no way with the transaction on trial against appellant and the testimony of which was prejudicial to appellant.' Such evidence was admissible as it showed flight of the accused. Thames v. State, 453 S.W.2d 495 (Tex.Cr.App.) See Cox v. State, 170 Tex.Cr.R. 128, 338 S.W.2d 711; Israel v. State, 158 Tex.Cr.R. 574, 258 S.W.2d 82. See also, Matthews v. United States, 407 F.2d 1371, cert. denied, 398 U.S. 968, 90 S.Ct. 2177, 26 L.Ed.2d 554.
In Cox v. State, supra, this court stated:
In Israel v. State, supra, the defendant was convicted for felony theft of a 1946 model Ford automobile. The next day he wrecked the 1946 Ford some twelve miles from Seminole (the location of the theft) and stole a 1950 model Ford automobile and drove to New Mexico where he abandoned it. This court wrote:
'Complaint is made of the admission of testimony regarding the car taken at the rig and abandoned in New Mexico because it showed a collateral offense committed by appellant.
'This testimony was admissible on the question of intent And especially to show flight.' (Emphasis supplied.)
The first ground of error is overruled.
Next, by his second ground of error, appellant complains of the admission into evidence of the knife, wallet, driver's license of the complaining witness, and two documents bearing the name of Leo McWilliams. As previously pointed out, when these exhibits were offered into evidence they were admitted without objection. Therefore, no error is preserved. See, e.g. Vera v. State, 473 S.W.2d 22, (Tex.Cr.App.), Ansley v. State, 468 S.W.2d 862 (Tex.Cr.App.); Walsh v. State, 468 S.W.2d 453 (Tex.Cr.App.); Brown v. State, 460 S.W.2d 925 (Tex.Cr.App.). In any event, the exhibits were admissible into evidence. Three of these exhibits were admissible as fruits of the crime alleged in the indictment. The other two exhibits were fruits of the crime committed against the witness McWilliams. Testimony concerning these exhibits being admissible, it was not error to admit the exhibits themselves. See Martin v. State, 475 S.W.2d 265 (Tex.Cr.App.).
The second ground of error is overruled.
There being no reversible error, the judgment is affirmed.
I dissent to the holding that the extraneous offense was admissible.
Young v. State, 159 Tex.Cr.R. 164, 261 S.W.2d 836.
See also 23 Tex.Jur.2d, Evidence, § 194, p. 294. There are exceptions to the general rule.
In 23 Tex.Jur.2d Evidence, § 195, p. 300, it is written:
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