MEMOREX CR-622 DRIVER DETAILS:
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MEMOREX CR-622 DRIVER
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Court of Criminal Appeals of Texas. Rehearing Denied December 18, Finstrom and Kerry P. Fitzgerald, Dallas both Court-appointedfor appellant. This appeal arises out of a conviction for the offense of murder with malice. After returning a verdict of guilty, the jury assessed appellant's punishment at confinement in the Texas Department of Corrections for life. Some of the more salient facts must be detailed before considering appellant's grounds of error in view of Memorex CR-622 extremely complex nature of the case. Upon entering the office, they discovered what were later shown to be bloodstains on the walls, carpet and furniture.
Barnes' body was discovered locked in the truck of his car which had been left in the parking Memorex CR-622 at Love Field Airport. Investigators from the Dallas County Sheriff's Office later located a fingerprint inside the door handle positioned immediately to Memorex CR-622 left of the driver's seat.
This fingerprint was identified by James Cron, a fingerprint expert employed at the Dallas County Sheriff's Office, as being made by appellant's left thumb. Appellant was arrested some seven months later in California and returned to Dallas Memorex CR-622 trial. At trial the witness Robert Overton, a Memorex employee then in the process of moving to California to begin new employment, testified that he was present at the Memorex office with appellant then known to him as Larry Patterson on the night of August 22, While they were both present, the deceased Barnes arrived and entered Overton's office. After a brief discussion, Overton left his office and walked some thirty-five or forty feet down a hallway when he heard a dull, metallic sound and then heard the deceased say, "Bob, you can't do that to me.
After helping appellant load the body into Barnes' automobile, Overton assisted appellant in an effort to clean up the bloodstains. During this time appellant remarked that, "He Barnes must be Sicilian. He had a hard head. Appellant remained in Dallas until the following day.
Through the testimony of Overton and of Memorex CR-622 witness, Mark Enright, the State proved that appellant was hired to kill Barnes by a Eugene Oliver. Oliver was the president of Memorex Corporation, which was then engaged in attempting to market a computerized device designed to improve a person's golf game.
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This product was to be promoted by a prominent professional golfer who had allowed his name to be used to promote the enterprise. For a number of reasons not here important, Memorex was in dire financial straits. During this time Barnes had threatened to persuade the professional golfer to remove his name from the sales promotion. In addition, there was considerable personal animosity between Oliver and Barnes which had resulted in threats by Barnes against Oliver, his family and his home. This situation provoked Oliver, who also was indicated for this murder but tried separately, to inquire of Enright if he knew someone who would kill Barnes for him. Subsequently, Enright introduced appellant to Oliver.
Memorex CR-622 testified that he did not believe Oliver was capable of committing such a crime and that the introduced appellant to him in order to gain time to dissuade him. The trial court submitted to the jury the fact issue of whether Enright was an accomplice witness, but declined to charge that he was an accomplice witness as a matter of law. Overton returned to Dallas from San Francisco shortly after the murder but was not prosecuted for his role in the crime luring Barnes to the Memorex offices and participating in the coverup in return for his cooperation with the police and prosecutors.
Jackson v. State
The trial Memorex CR-622 charged that he was an accomplice witness as a matter of law. Appellant testified that he had gone to the Memorex office to persuade Barnes to refrain from blackmailing Oliver.
According to appellant, Barnes became violent and attacked him, whereupon he struck Barnes on the head first with a three-hold paper punch and Memorex CR-622 with a plastic satchel containing a length of pipe. Appellant had brought the satchel or plastic bag containing the pipe with him due to a "premonition that there might be trouble. Appellant's first ground of error contends that there was insufficient evidence to corroborate the accomplice witness testimony. In determining the sufficiency of the corboration, it is necessary to eliminate the evidence of the accomplice witness and examine the remaining evidence Memorex CR-622 ascertain if there be inculpatory evidence or evidence of incriminating character which tends to connect the appellant with the commission of the offense.
Quoted with approval in Edwards v. In addition to holding that circumstantial evidence Memorex CR-622 sufficient to corroborate an accomplice witness, we have also held, "It is the combined Memorex CR-622 weight of the evidence which supplies the answer to the test.
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Looking then to the corroborating evidence, we find appellant's fingerprint on the inside door handle next to the driver's seat of the deceased's car the trunk of which Memorex CR-622 his body. There is also evidence tending to prove flight by appellant after commission of the offense. He then remained in California for seven months where, although he used his own name, he made no attempt to contact his family or relatives, failed to obtain a new license plate for his automobile or to use gasoline credit cards Memorex CR-622 could reveal his whereabouts.
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