Stein v. State

492 S.W.2d 548, 1973 Tex. Crim. App. LEXIS 2430
CourtCourt of Criminal Appeals of Texas
DecidedApril 11, 1973
Docket45974
StatusPublished
Cited by60 cases

This text of 492 S.W.2d 548 (Stein v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stein v. State, 492 S.W.2d 548, 1973 Tex. Crim. App. LEXIS 2430 (Tex. 1973).

Opinion

OPINION

ROBERTS, Judge.

This appeal is taken from a conviction for the offense of interfering with a peace officer during a civil disturbance. Punishment was assessed at three years’ confinement.

Appellant raises fourteen grounds of error.

Several of appellant’s grounds attack the conduct of the prosecutor during the trial proceedings. The record reflects that defense counsel filed a motion in limine seeking to restrain the State from using the term “hippie”, referring to appellant by any name other than Brent Stein, 1 or alluding either generally, specifically or by analogy to any other riot or disturbance. Such motions were granted by the trial judge.

*549 Nevertheless, throughout the entire proceedings, the prosecutor violated the judge’s order. Below are only a few examples of his conduct during the trial:

“Q Did some of the others in this immediate group around the leader, Brent Stein — did any of them look like he did, more or less that same life style ?
“MR. TIME [DEFENSE COUNSEL] : Objection, and this is in regard to the Motion in Limine which we have filed.
“THE COURT: Overruled.
“MR. TIME: Exception.
“Q (By Mr. Stauffer) Did they look similar to him in life style? (Emphasis added)
“A Yes.
“Q This immediate core around him, or did they look like Mennonites—
“A Yes.
“MR. TIME: Honor— Objection, Your
“Q (By Mr. Stauffer) — or Amish people with their buggies?
“MR. TIME: — he’s putting words into the—
“MR. STAUFFER: Trying to give a choice.
“MR. TIME: He’s leading the witness.
“THE COURT: Sustained.”
“Q (By Mr. Stauffer) Did you know the Police Department had a Criminal Intelligence Division ?
“A Yes.
“Q You know what that has to do with?
“A Yes.
“Q You are aware of what is going on in your day and age, are you not ?
“MR. TIME: Objection.
“THE COURT: Sustained.
“Q (By Mr. Stauffer) Are you aware of what’s happening to America ?
“MR. TIME; Objection.
“THE COURT: Sustained.”
“Q Yes. Well, now, isn’t it true that the reason they wanted him back was because he was their leader ?
“MR. TIME: Objection, Your Honor. He’s leading the witness.
“THE COURT: Overruled.
“MR. TIME: Exception.
“A I have no reason to know why they wanted him back, particularly, other than they did.
“Q (By Mr. Stauffer) But you don’t deny- — to them, these people that were making these demands on the police, he was their guru or their Messiah ?
“MR. TIME: Objection.
“THE COURT: Sustained.
“Q (By Mr. Stauffer) Let me ask you, have you ever seen anybody with typhoid fever?
“MR TIME: Objection.
“THE COURT: Sustained.
“Q (By Mr. Stauffer) Now, I believe you testified earlier somebody had come back from Police Headquarters and reported to the group after the police had left that their Messiah was all right and hadn’t been beaten ?
“MR. TIME: Objection.
“THE COURT: Sustained.”
*550
“Q Well, let me ask you this: How would they know your name, all of these people, to call you Stoney?
“MR. TIME: Objection, Your Honor.
“THE COURT: Sustained.
“MR. TIME: Ask the Court to ask Mr. Stauffer to refrain from that and ask the Court to instruct the jury to disregard that.
“THE COURT: Your objection was sustained.

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Bluebook (online)
492 S.W.2d 548, 1973 Tex. Crim. App. LEXIS 2430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-state-texcrimapp-1973.