Wilford v. State

739 S.W.2d 854, 1987 Tex. Crim. App. LEXIS 699
CourtCourt of Criminal Appeals of Texas
DecidedNovember 12, 1987
Docket63787
StatusPublished
Cited by18 cases

This text of 739 S.W.2d 854 (Wilford 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
Wilford v. State, 739 S.W.2d 854, 1987 Tex. Crim. App. LEXIS 699 (Tex. 1987).

Opinions

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for murder. Punishment was assessed by the jury at confinement for life.

[856]*856We shall first consider appellant’s challenge to the sufficiency of the evidence to sustain her conviction in this circumstantial evidence case.

The victim in this case, Anne Jones, was the wife of T.C. Jones, a Harris County deputy sheriff who held the rank of Captain. In February of 1978 Captain Jones met appellant at the Houston Livestock Show and Rodeo. That night Jones took appellant out for dinner. At that time appellant was living in the Dallas area, but she later moved to Houston.

Without going into every detail, a love affair developed between Captain Jones and the appellant. Jones made it clear to the appellant that he was not going to leave his wife. The relationship continued until the end of November 1978, at which time the appellant broke off her relationship with Jones.

On December 12, 1978, Anne Jones was found at her residence in Houston. She had been shot in the head with a .38 caliber gun. Her body was found lying in the front of her residence. No witness saw the shooting take place.

Mary T. Hull, a neighbor of the Jones’, was at her residence on December 12, 1978 around 6 p.m. Hull observed a vehicle going slowly down the street where the Joneses lived. Hull described the vehicle as being light beige. The vehicle had a malfunctioning headlight on the right side and Hull observed the light flickering. After seeing the car, Hull heard a gunshot. Hull went outside her residence and observed a figure lying on the porch of the Jones’ residence. Hull went to the Jones’ residence and saw Anne Jones lying on the porch. George and Millie Hilburn, the next door neighbors of the Joneses, were there when Hull arrived.

The next day Hull went to a police station and observed a station wagon. This station wagon was similar in color to the one she had seen the night before. Hull also observed the lights on the vehicle and testified that the malfunctioning of the lights appeared exactly as she had observed the night before. Hull also testified that when a police officer kicked the bumper, the lights worked in a normal manner.

Kerry Stamey testified that on December 12, 1978 between 6:10 and 6:15 p.m. he went down Tam O’Shanter, the street on which the Joneses lived, on his way home from work. Stamey was riding a motorcycle. As he was going down Tam O’Shan-ter, he observed a light colored, possibly tan, station wagon. A person was leaning into the station wagon through an open door, apparently removing some item or items from the vehicle.1

Millie Hilburn testified that she and her husband lived next door to the Joneses. On December 12, 1982, she received a phone call from Anne Jones around 6 p.m. During the course of this phone call, Millie Hilburn told Anne Jones “whatever you do, don’t let her in” and “don’t open the door, whatever you do.” Millie Hilburn sent her husband over to the Jones’ residence while this conversation was going on. Millie Hil-burn then went over to the Jones’ residence. She observed a vehicle start up and leave the area. The vehicle was a light-colored station wagon. Millie Hilburn also observed Anne Jones lying on the front porch. Millie Hilburn went to the Houston Police Department the next day and observed a vehicle similar in color and size to the one she had seen the night before.

George Hilburn also testified. He was at home on December 12, 1978 around 6 p.m. He heard the phone ring; his wife, Millie, answered it. After the phone call, he went next door to the Jones’ residence, where he found the body of Anne Jones. George Hilburn also observed a light brown station wagon burn its tires as it left from in front of the Jones’ residence. George Hilburn also went to the police [857]*857station the next day with his wife and observed a vehicle which he said was similar in size and color to the one he saw the night before.

Roma Knapp was a friend of appellant. In addition to testifying concerning the relationship between Captain Jones and appellant, Knapp also testified about the events of December 12, 1978. On that date, appellant had gone to the Knapp residence for lunch. At that time, appellant borrowed the Knapp vehicle which was a Dodge Aspen station wagon, tan in color. In exchange, Knapp took appellant’s vehicle. Knapp testified that appellant’s vehicle was a Chevrolet and was in operating condition on that date.

Later that night, at about 10:30 p.m., Knapp talked to appellant by telephone. At that time, the Knapp vehicle was back at her residence. Appellant asked Knapp not to tell whoever brought her from work to pick up her car the next day why she had borrowed the station wagon because she had told her co-workers her vehicle was being repaired. The next day appellant again called Knapp and asked her not to tell anyone that she had borrowed the Knapp vehicle on the preceding day.

Knapp later called her minister about what she knew and then went to talk to him. At the church, Knapp met with her minister and homicide detectives. Knapp permitted the detectives to take her car. The detectives later recovered some clothing and a pair of tennis shoes from a trash can at the Knapp residence. These items were identified as belonging to appellant.

Knapp also testified that the right front headlight on the station wagon did not work properly, but that if you got out of the car and kicked the bumper, the light would then function properly.

David Knapp, Roma’s husband, was also called to testify by the State. On December 12, 1978, he had gone to a Christmas party with his wife and children. They had met at the party and were in separate vehicles. David Knapp arrived home from the party before his wife. At that time, appellant was at the Knapp residence in the Knapp’s tan station wagon. David Knapp took appellant to her residence and left her there. He verified that the right front light on the station wagon malfunctioned, and that they had to bang on it to get the light to work properly.

Joette Landrum, who worked with appellant at Living Windows Corporation, testified that on December 12, 1978, shortly before noon, appellant talked to her and told her that her (appellant’s) car would not start, and that she had borrowed a friend’s car. Appellant left Living Windows in a light-colored station wagon.

Jacqueline Fountain also worked with appellant at Living Windows. Appellant called her around 3:30 p.m. on December 12, 1978 and told her that she (appellant) had had car trouble and would not be coming back to work that afternoon. Later in the evening, appellant called Fountain and asked to spend the night with her, stating she (appellant) still didn’t have her car and needed a ride to work in the morning. Appellant gave Fountain a poinsettia for a Christmas present when Fountain picked appellant up that evening to bring her back to Fountain’s residence.

Jing S. Hong owned a flower shop in Houston called Top Florist. On December 12, 1978, Hong sold two poinsettias to a female patron. This customer wrote a check for the poinsettias, and showed a driver’s license for identification, which number was recorded on the check. That driver’s license number was the same as appellant’s, which license appellant had in her possession when arrested on December 13, 1978.

Arthur D.

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Wilford v. State
739 S.W.2d 854 (Court of Criminal Appeals of Texas, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
739 S.W.2d 854, 1987 Tex. Crim. App. LEXIS 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilford-v-state-texcrimapp-1987.