[DOWNLOAD] "Elmer Lee Wallace v. State Texas" by 335 The Texas Court of Criminal Appeals No. 54 " eBook PDF Kindle ePub Free
eBook details
- Title: Elmer Lee Wallace v. State Texas
- Author : 335 The Texas Court of Criminal Appeals No. 54
- Release Date : January 03, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appeal is taken from an order revoking probation wherein appellant stands convicted of burglary of a building. Punishment was assessed at two years confinement in the Texas Department of Corrections. The order revoking probation is based on a finding that appellant committed the offense of indecent exposure,1 in violation of the term of probation (a) commit no offense against the laws of this or any other state or the United States. Officer Daniel of the Dallas Police Department testified at the revocation hearing that on September 3, 1976, he answered a disturbance call at a grocery store. A bunch of children at the scene told him a man started throwing bottles at them and cursing them, knocking some kids down. The children pointed toward an alley and when Officer Daniel looked in that direction he saw appellant holding a female by the arm. Daniel said appellant was pulling the girl toward the alley and she was resisting. Daniel then noticed appellant had his penis out and he reached over and touched it. Daniel stated he was offended and alarmed by what he saw. Because Daniel believed a rape was occurring, he returned to his patrol car and proceeded toward the location when he saw appellant walking by himself, down the street. As Daniel emerged from the patrol car, appellant put his hands up and said, You got me wrong, I wasn't going to rape her. Daniel later returned to the girl, who appeared to be 12 or 13 years old, and she said the man was trying to drag her into the alley.