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437 S.W.2d 867

Kitchen v. State

Court of Criminal Appeals of Texas

Decided February 26, 1969

Court of Criminal Appeals of Texas · decided 1969-02-26

Cited by 3 later decisions — most recently July 1982

3 state decisions

Relies on Piraino v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1969-02-26

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¶1OPINION

WOODLEY, Presiding Justice.

¶2The offense is theft from the person; the punishment, 7 years.

¶3We have examined the record on appeal and the grounds of error set forth in appellant’s brief. Four of the six grounds relate to the sufficiency of the evidence.

¶4*868The record reflects that the complaining witness, a reporter for the Houston Chronicle, was accosted on the streets of Houston by appellant, a prostitute, about 2 A.M. He declined her invitation “Let’s go — You know where.” After putting his hand on her shoulder, he walked away. He took a few steps before he discovered that his wallet containing about $50.00 was missing. He immediately turned back and demanded his wallet. She denied having it. His demand was repeated several times and appellant persisted in her denial. He threatened to call the police and turned to some people standing nearby and asked them to do so. He then turned back to appellant and saw his wallet by her left foot. He retrieved the wallet, examined it and found that his money was missing.

¶5Appellant did not testify but offered testimony which raised the issue of alibi.

¶6The fact issues were resolved against appellant. The evidence, viewed from the standpoint most favorable to the verdict, sustains the jury’s finding.

¶7The fifth ground of error complains that the court erred by not allowing the examining trial record into evidence, as requested by defense counsel. The record reflects no ruling on the request and no objection to any action of the court in connection therewith.

¶8The remaining ground of error relates to argument of state’s counsel to the effect that appellant’s witnesses were not worthy of belief because they were prostitutes.

¶9The record reflects no objection to any remark of counsel for the state in his argument. The ground of error is overruled. Piraino v. State, Tex.Cr.App., 415 S.W.2d 416.

¶10The judgment is affirmed.

DOUGLAS, J., not participating.
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