(DOWNLOAD) "Oscar Bernard Thomas v. State Texas" by Fourteenth District, Houston No. C14-83-471-CR Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Oscar Bernard Thomas v. State Texas
- Author : Fourteenth District, Houston No. C14-83-471-CR Court of Appeals of Texas
- Release Date : January 14, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Ross A. Sears, Associate Justice Appellant was convicted of burglary of a habitation with intent to commit theft and was sentenced to five years' confinement. He argues that his conviction must be reversed because TEX. CODE CRIM. PROC. ANN. art. 1.13 (Vernon 1977) (waiver of jury trial), not complied with, the trial court denied his Motion to Suppress and did not conduct an identification hearing. We have carefully examined the record and affirm the conviction. At about 1:00 P.M. on March 9, 1983, Leroy Ethridge and a friend observed Appellant and two other men each ""toting something"" down the street. At the time, Ethridge thought that one of the men was carrying a television set. Although he previously had seen them in the neighborhood, he was suspicious of them carrying things down the street in the middle of the day since there had been a recent burglary in the neighborhood. He called the police dispatcher and took his telephone out to the porch so that he could continue watching their activities. He then observed the three men enter a house which he knew was vacant and noticed they exited empty handed. At this point, he called the police dispatcher a second time. An officer arrived in response to this call.
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