Williams v. State, 575 S.W.2d 30 (Tex. Crim. App. 1979). · Go Syfert
Williams v. State, 575 S.W.2d 30 (Tex. Crim. App. 1979). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case, last quoted 1990 · …from the rose and robert williams prowling the street.... ⚠ not in text
cited 2× by 1 distinct case, last quoted 1987 · …lose the lifting power in his arm for three months. ≈ altered
172 citation events (82 in the last 25 years) across 5 distinct courts.
Strongest positive: Brian William Stevens v. State (texapp, 2020-08-20)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Brian William Stevens v. State
Tex. App. · 2020 · signal: compare · quote attribution · 1 verbatim quote · confidence high
we hold that the injury which caused puckett to lose lifting power in his arm for three months constitutes a 'protracted impairment . . . of the function of any bodily member,' so that the wound would be classified as serious bodily injury.
discussed Cited as authority (verbatim quote) Roy Vasquez v. State
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
it is a proper argument that a sentence ought to deter crime and therefore protect the community.
discussed Cited as authority (rule) Gilbert Damian v. the State of Texas (2×)
Tex. App. · 2024 · confidence medium
App. 2003); Callison v. State, 218 S.W.3d 822, 826 (Tex. App.—Beaumont 2007, no pet.). 15 Even though a knife is not a deadly weapon per se, “it can be a deadly weapon if the person using it intends to use it in a way in which it would be capable of causing death or serious bodily injury.” Magana v. State, 230 S.W.3d 411, 414 (Tex. App.—San Antonio 2007, pet. ref’d) (holding evidence supported finding pocketknife was deadly weapon) (citing Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Christopher Wayne Hogan v. the State of Texas
Tex. App. · 2022 · confidence medium
Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Richard Vonzell Hawes A/K/A Richard Vonzell Hawes Jr. v. the State of Texas
Tex. App. · 2021 · confidence medium
Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
discussed Cited as authority (rule) Jereme Rucker v. State
Tex. App. · 2021 · confidence medium
App. 2000). “[E]xpert testimony is not required to prove that a weapon is deadly,” and “no one needs to testify to the conclusion that the weapon was capable of producing serious bodily injury.” Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
discussed Cited as authority (rule) Dennis Mike Cranfill v. State
Tex. App. · 2017 · confidence medium
CONCLUSION We affirm the judgments of the district court. ____________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton, and Goodwin Affirmed Filed: July 14, 2017 Do Not Publish 15 See, e.g., Brown, 605 S.W.2d at 574-75 ; Williams v. State, 575 S.W.2d 30, 33 (Tex. Crim.
discussed Cited as authority (rule) Johnson v. State
Tex. Crim. App. · 2017 · confidence medium
App. 1983) (size, shape, and sharpness of the weapon; ability of the weapon to inflict death or serious injury; and the manner in which the defendant used the weapon); Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) State v. Mackin
Utah · 2016 · confidence medium
See State v. Childers, 16 Kan.App.2d 605 , 830 P.2d 50, 55 (1991); Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Babcock v. State
Tex. App. · 2016 · confidence medium
Actual wounds and words spoken by the defendant, Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App. [Panel Op.] 1979); 3.
cited Cited as authority (rule) Courtney Henderson v. State
Tex. App. · 2016 · confidence medium
App. 1986); Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
discussed Cited as authority (rule) Jamarkas Holland v. State
Tex. App. · 2016 · confidence medium
App. 1991); Brumbalow v. State, 432 S.W.3d 348, 353 (Tex. App.—Waco 2014, no pet.); Magana v. State, 230 S.W.3d 411, 414 (Tex. App.—San Antonio 2007, pet. ref'd) (citing Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
discussed Cited as authority (rule) Blea, Juan
Tex. App. · 2015 · confidence medium
See Tex. Penal Code Ann. § l.07(a)( 46); Williams v. State, 575 S.W.2d 30, 33 (Tex. Crim.
cited Cited as authority (rule) David Vasquez v. State
Tex. App. · 2015 · confidence medium
Magana v. State, 230 S.W.3d 411, 414 (Tex. App.—San Antonio 2007, pet. ref'd) (citing Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Billy Joe Stofan v. State
Tex. App. · 2015 · confidence medium
Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App. 1979).
cited Cited as authority (rule) Anthony Terrence Smith v. State
Tex. App. · 2015 · confidence medium
Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Blea, Juan
Tex. App. · 2015 · confidence medium
See id.; Williams v. State, 575 S. W.2d 30, 33 (Tex. Crim.
discussed Cited as authority (rule) Juan Blea v. State
Tex. App. · 2015 · confidence medium
See id.; Williams v. State, 575 S.W.2d 30, 33 (Tex. Crim.
discussed Cited as authority (rule) Matthew Ryan Wilson v. State
Tex. App. · 2012 · confidence medium
Nash v. State, 175 S.W.3d 427, 430 (Tex.App.-Texarkana 2005, pet. ref'd) (citing Brown v. State, 716 S.W.2d 939 , 946-47 (Tex.Crim.App.1986); Tisdale v. State, 686 S.W.2d 110, 115 (Tex.Crim.App.1984) (op. on reh’g); English v. State, 647 S.W.2d 667, 669 (Tex.Crim.App.1983); Blain v. State, 647 S.W.2d 293, 294 (Tex.Crim.App. 1983); Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App. [Panel Op.] 1979)).
cited Cited as authority (rule) Jose Angel Banda v. State
Tex. App. · 2012 · confidence medium
App. 1984); (2) the threats or words used by the defendant, Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) William Tavares Dunn v. State
Tex. App. · 2010 · confidence medium
App. 1984), and the defendant’s words or threats, see Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Richard Leonar Whytus v. State
Tex. App. · 2009 · confidence medium
Id. at 946-47 ; Williams v. State , 575 S.W.2d 30, 32-33 (Tex. Crim.
discussed Cited as authority (rule) Magana v. State (2×)
Tex. App. · 2007 · confidence medium
Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App.1979).
cited Cited as authority (rule) Sonny Wade Wilson v. State
Tex. App. · 2007 · confidence medium
App. 1984); (2) the threats or words used by the defendant, Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) James Willard Ransdell v. State
Tex. App. · 2007 · confidence medium
Id. at 946-47 ; Williams v. State , 575 S.W.2d 30, 32-33 (Tex. Crim.
cited Cited as authority (rule) Victor Gil v. State
Tex. App. · 2007 · confidence medium
Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Clifton Earl Curtis v. State
Tex. App. · 2006 · confidence medium
App. 1985) (op. on reh’g); Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Ryan Bradley Shield v. State
Tex. App. · 2006 · confidence medium
App. 1985) (op. on reh’g); Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
discussed Cited as authority (rule) Stewart v. State (2×)
Tex. App. · 2006 · confidence medium
See, e.g., Thomas v. State, 821 S.W.2d 616 , 619-20 (Tex. Crim.App.1991); Tisdale v. State, 686 S.W.2d 110, 115 (Tex.Crim.App.1985) (op. on reh'g); Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App. [Panel Op.] 1979); Garcia v. State, 17 S.W.3d 1, 4 (Tex.App.Houston [1st Dist.] 1999, pet. ref'd); see also Cossey v. State, No. 02-05-00032-CR, 2006 WL 59507 , at *3 (Tex. App.-Fort Worth Jan. 12, 2006, no pet.) (not designated for publication).
cited Cited as authority (rule) Christopher Fitzgerald Stewart v. State
Tex. App. · 2006 · confidence medium
App. 1985) (op. on reh’g); Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) George Wayne Cossey A/K/A Jackie Lee Scott v. State
Tex. App. · 2006 · confidence medium
App. 1985) (op. on reh’g); Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Valmy Tyrone Dawson v. State
Tex. App. · 2006 · confidence medium
App. 1983); Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Valmy Tyrone Dawson v. State
Tex. App. · 2006 · confidence medium
App. 1983); Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Martinez, John Paul v. State
Tex. App. · 2005 · confidence medium
App. 1979); Williams v. State , 575 S.W.2d 30, 33 (Tex. Crim.
cited Cited as authority (rule) Arthur R. Williams v. Regional Islamic Chaplain Talib
Tex. App. · 2005 · confidence medium
App. 1983); Williams v. State , 575 S.W.2d 30, 32-33 (Tex. Crim.
cited Cited as authority (rule) Osiris Barrientos v. State
Tex. App. · 2004 · confidence medium
App. 1984); the threats or words used by the defendant, Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Osiris Barrientos v. State
Tex. App. · 2004 · confidence medium
App. 1984); the threats or words used by the defendant, Williams v. State, 575 S.W.2d 30, 32 (Tex. Crim.
discussed Cited as authority (rule) In Re KB
Tex. App. · 2004 · confidence medium
Brown v. State, 716 S.W.2d 939, 946-47 (Tex.Crim.App.1986); Williams v. State, 575 S.W.2d 30, 32-33 (Tex.Crim.App.1979); see also Adame v. State, 69 S.W.3d 581, 584 (Tex.Crim.App.2002) (Meyers, J., concurring); In re S.B., 117 S.W.3d 443, 446-47 (Tex.App.-Fort Worth 2003, no pet.); Nunez v. State, 117 S.W.3d 309, 323 (Tex.App.-Corpus Christi 2003, no pet.).
discussed Cited as authority (rule) In re K.B.
Tex. App. · 2004 · confidence medium
Brown v. State, 716 S.W.2d 939, 946-47 (Tex.Crim.App.1986); Williams v. State, 575 S.W.2d 30, 32-33 (Tex.Crim.App.1979); see also Adame v. State, 69 S.W.3d 581, 584 (Tex.Crim.App.2002) (Meyers, J., concurring); In re S.B., 117 S.W.3d 443, 446-47 (Tex.App.-Fort Worth 2003, no pet.); Nunez v. State, 117 S.W.3d 309, 323 (Tex.App.-Corpus Christi 2003, no pet.).
cited Cited as authority (rule) Jon P. Lester v. State
Tex. App. · 2004 · confidence medium
App. 1983); Williams v. State , 575 S.W.2d 30, 32-33 (Tex. Crim.
cited Cited as authority (rule) in the Matter of S.B.
Tex. App. · 2003 · confidence medium
App. 1983); Williams v. State , 575 S.W.2d 30, 32-33 (Tex. Crim.
cited Cited as authority (rule) in the Matter of S.B.
Tex. App. · 2003 · confidence medium
App. 1983); Williams v. State , 575 S.W.2d 30, 32-33 (Tex. Crim.
discussed Cited as authority (rule) In re S.B.
Tex. App. · 2003 · confidence medium
Tisdale v. State, 686 S.W.2d 110, 111 (Tex.Crim.App.1984); Blain v. State, 647 S.W.2d 293, 294 (Tex.Crim.App.1983); Williams v. State, 575 S.W.2d 30, 32-33 (Tex.Crim.App. [Panel Op.] 1979); see also Charleston v. State, 33 S.W.3d 96, 100 (Tex.App.-Texarkana 2000, pet. ref'd) (holding evidence was legally sufficient to support deadly weapon finding involving a wrench).
discussed Cited as authority (rule) Adame v. State (2×)
Tex. Crim. App. · 2002 · confidence medium
In this regard, a jury may consider all facts, including (1) the physical proximity between the victim and the object, Tisdale v. State, 686 S.W.2d 110, 115 (Tex.Crim.App.1984); (2) the threats or words used by the defendant, Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App. 1979); (3) the size and shape of the weapon, Blain v. State, 647 S.W.2d 293, 294 (Tex.Crim.App.1983); (4) the weapon's ability to inflict death or serious injury, id. and (5) the manner in which the defendant used the weapon, id.
discussed Cited as authority (rule) Bailey v. State
Tex. App. · 2001 · confidence medium
The Texas Court of Criminal Appeals has approved several factors to be used in determining whether an object is capable of causing death or serious bodily injury: (1) physical proximity between the victim and the object, Tisdale v. State, 686 S.W.2d 110, 115 (Tex.Crim.App.1984); (2) the threats or words used by the defendant, Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App.1979); (3) the size and shape of the weapon, Blain v. State, 647 S.W.2d 293, 294 (Tex.Crim.App.1983); (4) the weapon’s ability to inflict death or serious injury, id.; and (5) the manner in which the defendant used the …
cited Cited as authority (rule) Ray Anthony Bailey v. State
Tex. App. · 2001 · confidence medium
App. 1984); (2) the threats or words used by the defendant, Williams v. State , 575 S.W.2d 30, 32 (Tex. Crim.
cited Cited as authority (rule) Johnson v. State
Tex. App. · 1996 · confidence medium
In support of this proposition, Johnson relies on Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App. [Panel Op.] 1979).
cited Cited as authority (rule) Lockett v. State
Tex. App. · 1994 · confidence medium
A knife is not a “deadly weapon per se.” 2 Thomas v. State, 821 S.W.2d 616 , 620 (Tex.Crim.App.1991); Williams v. State, 575 S.W.2d 30, 32 (Tex.Crim.App. [Panel Op.] 1979).
discussed Cited as authority (rule) Burrell v. State
Tex. App. · 1993 · confidence medium
Williams v. State, 575 S.W.2d 30, 33-4 (Tex.Crim.App.1979); Tejerina v. State, 786 S.W.2d 508, 513 (Tex.App. — Corpus Christi 1990, pet. ref'd) (proper to remind jury of our nation’s serious drug problem in assessing punishment for delivery of cocaine).
cited Cited as authority (rule) Lopez v. State
Tex. App. · 1992 · confidence medium
Tejerina v. State, 786 S.W.2d 508, 513 (Tex.App. — Corpus Christi 1990, pet ref’d); Williams v. State, 575 S.W.2d 30, 33-34 (Tex.Crim.App.1979).
Retrieving the full opinion text from the archive…
Rose Anderson WILLIAMS, Appellant,
v.
the STATE of Texas, Appellee
55469.
Court of Criminal Appeals of Texas.
Jan 3, 1979.
575 S.W.2d 30
1979 Tex. Crim. App. LEXIS 1244
Pat McDowell, Dallas, for appellant., Henry M. Wade, Dist. Atty., John Tatum, Kelly W. Loving and Bob Hinton, Asst. Dist. Attys., Dallas, for the State.
Douglas and Tom G. Davis.
Cited by 147 opinions  |  Published

OPINION

DOUGLAS, Judge.

Rose Anderson Williams appeals her conviction for aggravated robbery. Punishment was assessed by the jury at fifty years.

Williams contends that the court erred in failing to submit several requested charges to the jury, that evidence of prior federal convictions was not properly authenticated, that the prosecutor made an improper jury argument and that an extraneous offense was improperly admitted. Appellant also contends that the State failed to prove that the knife used in the commission of the robbery was a deadly weapon and therefore the evidence is insufficient.

Early in the evening of March 10, 1976, appellant and Robert Williams entered the Town East T.V. store in Mesquite. Robert Williams pulled a pistol, grabbed Mike Lindsey, a customer, and demanded the store’s money from Randy Puckett, the complainant. A scuffle ensued and both Lindsey and Puckett were stabbed by appellant. Lindsey testified that he was stabbed twice in the back. He was treated at a hospital for this injury. He was not able to work for a week and a half because of the injury. Puckett testified that he received multiple stab wounds. The most serious was a gash in his left shoulder. The muscle came out of his skin and had to be placed back into his shoulder by a bystander who administered first aid. The wound bled profusely. Puckett went to the hospital where he received twenty-five stitches to close his shoulder wound. Puckett was unable to lift anything for three months after the attack.

A knife is not a deadly weapon per se. Limuel v. State, 568 S.W.2d 309 (Tex.Cr.App.1978); Windham v. State, 530 S.W.2d 111 (Tex.Cr.App.1975). In an aggravated robbery case involving a knife, the State must prove the knife is a deadly weapon which is defined as something “that in the manner of its use or intended use is capable of causing death or serious bodily injury.” V.T.C.A., Penal Code, Section 1.07(a)(ll)(B). “Serious bodily injury” is defined, in part, as injury that causes “protracted loss or impairment of the function of any bodily member or organ.” V.T.C.A., Penal Code, Section 1.07(a)(34).

We have recently clarified our law and stated that expert testimony is not required to prove that a weapon is deadly. Denham v. State, 574 S.W.2d 129 (No. 56,136, delivered December 13, 1978); Limuel v. State, supra. Thus, no one needs to testify to the conclusion that the weapon was capable of producing serious bodily injury. The jury is free to consider all of the facts of the case, including any actual wounds inflicted or words spoken by the appellant, in deciding if the weapon is deadly.

In the instant case appellant used the knife to stab Puckett and Lindsey sev[*33] eral times. The most serious wound was inflicted on Puckett’s shoulder. The wound was large enough for a muscle to protrude from the body. There was considerable bleeding and twenty-five stitches were required to close the woúnd. We hold that the injury which caused Puckett to lose lifting power in his arm for three months constitutes a “protracted impairment . of the function of any bodily member,” so that the wound would be classified as serious bodily injury. See Calvin v. State, - S.W.2d - (No. 53,829, delivered December 13, 1978) (opinion concurring in part and dissenting in part). Because the knife did, in fact, inflict a serious wound, we conclude that the evidence was sufficient to prove the knife was used in such a way that it was capable of causing serious bodily injury.

Williams next contends she was entitled to her requested charges on the lesser included offenses of attempted robbery, aggravated assault, assault and theft. Our law provides that “a charge on the lesser [included offense] is not required unless there is testimony raising such issue that appellant, if guilty, is guilty only of the lesser offense.” Dovalina v. State, 564 S.W.2d 378 (Tex.Cr.App.1978); McBrayer v. State, 504 S.W.2d 445 (Tex.Cr.App.1974). The State’s evidence showed all of the elements of aggravated robbery. Appellant did not take the stand. Robert Williams did testify for appellant; his testimony was that appellant did not stab anyone and had left the store when a fight began. Robert Williams’ testimony indicates that appellant was not guilty of any offense. Thus, the State’s evidence indicated that appellant was guilty as charged; the defense evidence indicated she was not guilty of any offense. Appellant was not entitled to a charge on any lesser included offense.

Williams next argues she was entitled to requested charges on the defense issues of necessity, mistake of fact and defense of a third person. A defendant is entitled to a charge on a defensive issue only if the evidence raises such an issue. Brooks v. State, 548 S.W.2d 680 (Tex.Cr.App.1977). The only evidence which arguably raises these issues was the testimony of Robert Williams. But his testimony also indicates that appellant did not stab anyone and that she was not in a position to perceive the facts giving rise to the defenses. His testimony does not, therefore, raise all of the elements of the defenses. The court’s refusal to submit these charges was proper.

Appellant makes several challenges to the State’s proof of her prior federal convictions. First, appellant argues a fingerprint card constituted inadmissible hearsay. The record reflects that the custodian of that record testified to all the requisites of the business records exception. Article 3737e, V.A.C.S. The card was properly admitted. Second, appellant complains of extraneous and prejudicial words on various State’s exhibits. The record reflects that all of the objected to portions were removed. Finally, Williams, urges that the federal conviction papers show she was originally charged with six counts but was finally convicted of only three and that the other three counts were extraneous offenses. Appellant has misinterpreted the federal conviction papers. In addition to other indications that appellant was finally convicted of all six counts, we note these words in the judgment revoking probation:

• “. . the defendant is hereby committed to the custody of the Attorney General or his authorized representative for imprisonment for a term of thirteen (13) months on each of the six counts to run concurrently with each other.”

These contentions are overruled.

Complaint is next made of the following jury argument during the punishment phase of the trial:

“. . . the law says thirdly that the sentence you set out to act as a deterrent to crime because you twelve folks are thinking about Rose Williams; you’re thinking about Joe Whitfield [appellant’s husband], but you’ve got a million people in this county that are relying on you and the next jury after you and the next one[*34] after that to protect them from the Rose Williams and the Robert Williams that are prowling our street.”

Appellant’s objection that this argument is an appeal to community expectation was overruled. It is a proper argument that a sentence ought to deter crime and therefore protect the community.

Finally, appellant argues that evidence of an extraneous offense was improperly admitted. The State, in rebuttal, offered evidence that appellant and Robert Williams had, earlier in the day, robbed a gift store using a very similar technique to the one they used in the robbery of the TV store. Appellant argues that because identity was not an issue, and appellant did not testify, the extraneous offenses were not admissible. Robert Williams’ testimony denied any attempt to commit a robbery. He testified that he and Puckett simply got into a fight and appellant exited the store as soon as it began. The extraneous offense tended to refute a defensive theory that appellant did not participate in the robbery. For such limited purpose, it tended to rebut Robert Williams’ testimony and. was admissible.

There is no reversible error. The judgment is affirmed.

TOM G. DAVIS, J., concurs in the result.