Blassingale v. State
Blassingale v. State
Opinion of the Court
OPINION
The offense is robbery; the punishment is 199 years.
Witness for the State testified that appellant and a companion entered her liquor
Gonzales v. State, Tex.Cr.App., 386 S.W.2d 139, and Mason v. State, Tex.Cr. App., 375 S.W.2d 916, dispose of appellant’s contentions as to punishment.
Appellant further contends that comments made by the District Attorney in his argument to the jury constitute reversible error. The record shows that objections to the comments were first made in appellant’s motion for new trial. In Doswell v. State, 158 Tex.Cr.R. 447, 256 S.W.2d 416, we held that objections to the State’s arguments presented for the first time on motion for new trial were too late. Even if we were to consider the argument, we have concluded that reversible error would not have been shown. See Marshall v. State, 104 Tex.Cr.R. 619, 286 S.W. 214; Lott v. State, 164 Tex.Cr.R. 395, 299 S.W.2d 145; Christesson v. State, 172 Tex.Cr.R. 27, 353 S.W.2d 218; and Yanez v. State, Tex. Cr.App., 403 S.W.2d 412.
Finding no merit in appellant’s contentions and finding further that the evidence supports the conviction, the judgment is affirmed.
Concurring Opinion
(concurring).
I concur in the holding that the punishment assessed is within the statutory limits and is not excessive. I would point out, however, that the punishment assessed by the jury exceeds by 100 years what the majority held to be the maximum punishment under statutes providing a punishment of “any term of years not less than two” (Assault to Rape, Art. 1162 P.C.) or “any term not less than five years” (Burglary of Private Residence, Art. 1391). Brown v. State, 171 Tex.Cr.R. 167, 346 S.W.2d 842; Joseph v. State, Tex.Cr.App., 367 S.W.2d 330; Madeley v. State, Tex.Cr.App., 388 S.W.2d 187; Sellars v. State, Tex.Cr.App., 401 S.W.2d 835.
Reference
- Full Case Name
- Issiac BLASSINGALE, Appellant, v. the STATE of Texas, Appellee
- Cited By
- 9 cases
- Status
- Published