Williams v. State

531 S.W.2d 606
CourtCourt of Criminal Appeals of Texas
DecidedJanuary 21, 1976
Docket49781
StatusPublished
Cited by22 cases

This text of 531 S.W.2d 606 (Williams 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
Williams v. State, 531 S.W.2d 606 (Tex. 1976).

Opinions

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for robbery with firearms. Punishment was assessed by the jury at forty years.

Edwina Moore, an employee of the O.K. Super Market on Colonial Street in Dallas on February 17, 1970, and George Ray, manager of the store, made an in-court identification of appellant as being one of four men who robbed them at gunpoint of cash and money orders while they were working in the store on said date. The record reflects that trial occurred in January, 1974.

In three of appellant’s contentions, it is urged that the court erred in admitting hearsay and bolstering testimony that witnesses Moore and Ray made out-of-court identifications of appellant.

Appellant’s contentions are directed to the testimony of Officer Sewell, who testified that Moore and Ray identified and made a “positive identification” of appellant as one of the robbers when he exhibited pictures to them in March, 1970.

Appellant relies on Lyons v. State, Tex.Cr.App., 388 S.W.2d 950, where it was held that a witness’ unimpeached identification testimony cannot be bolstered by corroborating the fact of identification.

In the first of this series of grounds, appellant points to the following testimony of Officer Sewell:

“Q. And do you recall the names of the three persons she [Miss Moore] identified?
“A. Richard Bell.
“MR. QUINN: Your Honor, we are going to object again, the pictures would be the best evidence. The evidence shows that there are no writings whatsoever on the pictures, and we, therefore object to any testimony unless the pictures are shown in the courtroom.
“THE COURT: Overruled.”

The ground of error now urged does not comport with the objection at trial. Nothing is presented for review. Campbell v. State, Tex.Cr.App., 492 S.W.2d 956; Rawlinson v. State, Tex.Cr.App., 487 S.W.2d 341; Sloan v. State, Tex.Cr.App., 515 S.W.2d 913. Another objection is pointed to by appellant where the question was asked, “Who was she able to identify?” and the record reflects that the court sustained the objection and no other relief was requested by appellant. Appellant failing to pursue his objection to an adverse ruling leaves nothing for review. Gipson v. State, Tex.Cr.App., 503 S.W.2d 796; Newman v. State, Tex.Cr.App., 501 S.W.2d 94.

In the next in this series of appellant’s contentions, appellant directs our attention to the following testimony elicited from Officer Sewell on direct examination:

“MR. BOOTH: Was this identification of John Willis Williams [appellant] a positive identification?
“THE WITNESS: Yes, sir, it was.
“MR. QUINN: Your Honor, that calls for complete hearsay as to the defendant.
“THE COURT: Sustained.
“MR. QUINN: The picture would be the best evidence, and we ask that the jury be instructed not to consider the testimony-
“THE COURT: You will not consider the question for any purpose in your deliberations.
“MR. QUINN: And we ask again for a mistrial on the basis of the implications of the questions and the answers.
“THE COURT: Denied.”

[608]*608The foregoing reflects that the court granted appellant all the relief he requested except motion for mistrial, which appellant asked for on the “basis of the implication of the questions and the answers.” The request for a mistrial was specified by appellant on a basis not now urged on appeal. Thus, nothing is before us for review. Sloan v. State, supra.

In the next of these series of contentions, the testimony of Sewell is again called to our attention, where the record reflects the following:

“Q. (By Mr. Booth) Did you also show a set of pictures — you testified you showed a set of pictures to Mr. Ray, was this the same photographs or—
“A. It was the same group of pictures.
“Q. Was Mr. Ray able to make an identification?
“A. Yes, sir, he was.
“MR. QUINN: Same objection, Your Honor. May I have the same objection to this line of testimony?
“THE COURT: Your objection to the last question is overruled.
“MR. QUINN: Best evidence and it is hearsay as to this defendant.
“Q. (By Mr. Booth) You may answer that question as to whether he identified.
“A. He identified the same three people Miss Moore identified, as being Richard Bell, Ray Jackson and the defendant.”

Appellant’s “Same objection, Your Hon- or” placed the trial judge in a difficult position of knowing the basis urged. Appellant had previously made objections and requested relief on the basis of the best evidence rule, hearsay and “on the basis of the implications of the questions and answers.” The record reflects that in each instance where appellant objected on the basis of hearsay during this line of questioning, the court had sustained his objection. While we are aware that a heavy burden is placed on counsel in requiring specificity in making objections in a fast-moving trial, we are not unmindful of the dilemma facing a trial judge who must rule upon an objection when he must guess as to the basis upon which it is grounded. We find that “Same objection, Your Honor” was not specific enough to apprise the trial court of the contention raised on appeal of hearsay and bolstering. We note that after the trial court overruled appellant’s objection, appellant stated, “Best evidence and it is hearsay as to this defendant.” To this objection appellant never received a ruling from the court. An objection must be pressed to the point of procuring a ruling or the objection is waived. Nichols v. State, Tex.Cr.App., 504 S.W.2d 462; Verret v. State, Tex.Cr.App., 470 S.W.2d 883.

Appellant urges a series of contentions relating to the testimony of Officer Sewell relative to a call Sewell received to go to the Sanger-Harris department store in Dallas. As a result of having responded to such call, it appears that Sewell had a conversation with one James Lewis Holloway and returned to the police station with Holloway, a money order and draft card.

Appellant’s first contention in this series is directed to the following testimony of Sewell:

“Q. Upon going back to the police station, were you first of all able to ascertain where this money order had originated?
“A.

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531 S.W.2d 606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-texcrimapp-1976.