(DOWNLOAD) "Vincent Edward Cooks V. State Texas (09/16/92)" by Court of Criminal Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Vincent Edward Cooks V. State Texas (09/16/92)
- Author : Court of Criminal Appeals of Texas
- Release Date : January 16, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 106 KB
Description
Appellant was indicted and convicted in Dallas County on a charge of Capital Murder. TEX. PENAL CODE ANN. 19.03(a)(2). The indictment alleged that appellant caused the death of the deceased by shooting him with a firearm in the course of appellant's attempt to commit robbery of Mark DeCardenas. The jury answered the issues submitted to it in the affirmative and the trial court assessed the death penalty. Article 37.071 V.A.C.C.P. Direct appeal was had to this Court. Article 37.071(h) V.A.C.C.P. Appellant has raised fifty-four points of error in this appeal. A discussion of the facts is necessary to fully address appellant's fifty-first point of error, alleging insufficiency of the evidence. The week of the robbery, appellant and two longtime friends, Tony Ray Harvey and Tracy Stallworth met in Dallas. Appellant and Harvey at that time were residents of Houston and Stallworth resided in Dallas. Harvey testified at trial that he, Stallworth and appellant stole an Oldsmobile Cutless and parked it in a hotel parking lot until the morning of the robbery. On February 26, 1988, the morning of the robbery, appellant, Harvey and Stallworth rented a blue Plymouth, retrieved the stolen Oldsmobile and drove it and the Plymouth to an area near Brancatos Grocery, where they parked the Oldsmobile in the parking lot across from Brancatos Grocery and all three then drove the Plymouth to a parking lot down the street. While appellant and his cohorts were parking in this lot, two passing police officers stopped and briefly questioned them as to what they were doing. Stallworth responded that they were waiting for a bus. Having no reason to inquire further, the officers went on their way. Mark DeCardenas, the owner of Brancatos Grocery, testified that he had noticed a blue Plymouth driving or parked near the store several times earlier on the day of the robbery.
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