Glenn v. State, 436 S.W.2d 344 (Tex. Crim. App. 1969). · Go Syfert
Glenn v. State, 436 S.W.2d 344 (Tex. Crim. App. 1969). Cases Citing This Book View Copy Cite
29 citation events (12 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
cited Cited as authority (rule) Robert Lee Ocanas v. State
Tex. App. · 2005 · confidence medium
See Sledge v. State , 953 S.W.2d 253, 256 (Tex.Crim.App. 1997); Glenn v. State , 436 S.W.2d 344, 346 (Tex.Crim.App. 1969).
cited Cited as authority (rule) Tavia Anissa Hancock v. State of Texas
Tex. App. · 2002 · confidence medium
See Sledge v. State, 953 S.W.2d 253, 256 (Tex.Crim.App. 1997); Glenn v. State, 436 S.W.2d 344, 346 (Tex.Crim.App. 1969).
cited Cited as authority (rule) Tavia Anissa Hancock v. State of Texas
Tex. App. · 2002 · confidence medium
See Sledge v. State , 953 S.W.2d 253, 256 (Tex.Crim.App. 1997); Glenn v. State , 436 S.W.2d 344, 346 (Tex.Crim.App. 1969).
cited Cited as authority (rule) Tavia Anissa Hancock v. State of Texas
Tex. App. · 2002 · confidence medium
See Sledge v. State , 953 S.W.2d 253, 256 (Tex.Crim.App. 1997); Glenn v. State , 436 S.W.2d 344, 346 (Tex.Crim.App. 1969).
discussed Cited as authority (rule) Scoggan v. State
Tex. Crim. App. · 1990 · confidence medium
Glenn v. State, 436 S.W.2d 344, 346 (Tex.Cr.App.1969). 4 .This statute reads “A conviction under Chapter 21, Section 22.011, or Section 22.021, Penal Code, is supportable on the uncorroborated testimony of the victim of the sexual offense if the victim informed any person, other than the defendant, of the alleged offense within six months after the date on which the offense is alleged to have occurred.
cited Cited as authority (rule) Smith v. Millsap
Tex. App. · 1985 · confidence medium
Ex parte Hyett, 610 S.W.2d 787, 789 (Tex.Crim.App.1981); Glenn v. State, 436 S.W.2d 344, 346 (Tex.Crim.App.1969).
cited Cited as authority (rule) Rivera v. State
Tex. App. · 1983 · confidence medium
Ruiz v. State, 499 S.W.2d 299, 300 (Tex.Cr.App.1973); Glenn v. State, 436 S.W.2d 344, 345 (Tex.Cr.App.1969).
discussed Cited as authority (rule) Jackson v. State
Tex. Crim. App. · 1973 · confidence medium
In Glenn v. State, 436 S.W.2d 344, 346 (Tex.Cr.App., 1969), the Court laid down the rule governing our case, saying: “It is well established that the State is not bound by the date alleged in the indictment and may prove that the offense was committed before, on, or after the date alleged, if the date proved to be a date anterior to the presentment of the indictment and not so remote as to be barred by limitation. 1 Branch’s Anno.
cited Cited "see" Ronald Antonio Bonilla v. State
Tex. App. · 2013 · signal: see · confidence high
See Glenn v. State, 436 S.W.2d 344, 345-46 (Tex. Crim.
cited Cited "see" Hendrix, William Curtis v. State
Tex. App. · 2004 · signal: see · confidence high
See Glenn v. State , 436 S.W.2d 344, 345-46 (Tex. Crim.
discussed Cited "see" Hendrix v. State (2×)
Tex. App. · 2004 · signal: see · confidence high
See Glenn v. State, 436 S.W.2d 344, 345-46 (Tex.Crim.App.1969); Owens, 96 S.W.3d at 671-72 (holding trial court has discretion to cumulate sentences under section 3.03(b) when there is some evidence that the offenses occurred after September 1, 1997); Yebio v. State, 87 S.W.3d 193, 195-96 (Tex.App.-Texarkana 2002, pet. ref'd) (concluding prior statute applied where evidence showed that assaults occurred during the day before the beginning of the 1997 school year (before September 1, 1997), although the indictments alleged the offenses occurred on or about September 5, 1997, and reforming the j…
cited Cited "see" Green v. State
Tex. Crim. App. · 1976 · signal: see · confidence high
See Glenn v. State, 436 S.W.2d 344 (Tex.Cr.App.1969).
Retrieving the full opinion text from the archive…
Vernell GLENN, Appellant,
v.
the STATE of Texas, Appellee
41841.
Court of Criminal Appeals of Texas.
Jan 29, 1969.
436 S.W.2d 344
Mike Barclay, Dallas, for appellant., Henry Wade, Dist. Atty., Douglas Mulder, John H. Stauffer, Camille Elliott, Malcolm Dade and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State’s Atty., Austin, for the State.
Onion, Douglas.
Cited by 24 opinions  |  Published

OPINION

ONION, Judge.

The offense is robbery by assault; the punishment, SO years’ confinement in the Texas Department of Corrections.

Appellant does not challenge the sufficiency of the evidence to sustain the conviction and we do not deem it essential to recite the facts herein.

In his sole ground of error appellant urges that the trial court, at the penalty stage of the proceedings, erred in admitting into evidence a prior conviction as part of his criminal record. He contends such action was prejudicial to him.

After the jury’s verdict of guilty was returned on April 10, 1967, the appellant requested the court to assess punishment. See Article 37.07, Vernon’s Ann.C.C.P., 1965, in effect at the time of appellant’s trial.

At the hearing on punishment there was a stipulation that appellant had been previously convicted of unlawfully carrying a pistol in 1964. Record evidence of such conviction was also offered. In addition, the State introduced the duly authenticated prison record of the appellant resulting from a conviction for burglary in Cause No. E-6634-IJ in Criminal District Court No. 3 of Dallas County, Texas, on September 15, 1964. Included in such exhibit was a certified copy of the judgment and sentence in said cause. No objection was made to this exhibit or the offer of the indictment in said cause.

Subsequently, however, the appellant did object when the State offered another exhibit consisting solely of the aforesaid judgment and sentence, thus duplicating in part the first exhibit. His objection was on the grounds that such exhibit was “vague and uncertain.” He called the trial court’s attention to a special finding in the said judgment that the defendant committed “said offense on the 2nd day of Spr., 1964.”

The indictment in said Cause No. E-6634-IJ, presented June 29, 1964, alleged the offense of burglary to have occurred “on or about April 2, 1964.” The judgment, in addition to the complained of special finding, reflects that the defendant, Vernell Glenn, entered a plea of guilty before the court and that the court found him guilty of “Burglary, as charged in the indictment.” The sentence has a similar reflection.

We first observe that the date on which the offense occurred is not one of the requisites of a judgment. See Article 42.01, V.A.C.C.P., 1965, which was Article 766, V.A.C.C.P., at the time of the judgment in 1964.

Apparently in this connection . the State urges that a special finding in the judgment as to the exact date of the charged offense is merely surplusage and does not render the judgment void. We agree so long as the date does not reflect that the trial of the offense was barred by limitation.

The State also points out that the error in dates, if any, in the special finding is only typographical, the letters “A” and “S” being adjacent on the keyboard of a typewriter, and the date in question having obviously been typed in the blank provided on the printed form of judgment.

We further note that even if the date in question could be interpreted as[*346] meaning the “2nd day of Spring, 1964” such date would be anterior to the presentment of the indictment and within the period of limitation. Article 12.03, V.A.C.C.P. It is well established that the State is not bound by the date alleged in the indictment and may prove that the offense was committed before, on, or after the date alleged, if the date proved to be a date anterior to the presentment of the indictment and not so remote as to be barred by limitation. 1 Branch’s Anno.P.C., 2nd Ed., Sec. 459, p. 457.

Under the circumstances presented, we fail to perceive error.

The judgment is affirmed.

DOUGLAS, J., not participating.