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RICHARD BASALDUA v. STATE (12/18/57)

decided: December 18, 1957.

RICHARD BASALDUA
v.
STATE



Sending Anonymous Letter. Appeal from the County Court at Law of Taylor County; penalty, 30 days in jail and a fine of $250.00. Hon. Allen Glenn, Judge Presiding.

COUNSEL

Webb & Schultz, Abilene, for appellant.

Leon Douglas, State's Attorney, Austin, for the state.

Morrison, Presiding Judge.

Author: Morrison

[ 165 Tex. Crim. Page 534]

    The offense is sending an anonymous letter, as denounced by Article 1295, V.A.P.C.; the punishment, 30 days in jail and a fine of $250.00. The appellant plead guilty to the information and waived a trial by jury. He now appeals, contending that the evidence is insufficient to support the conviction because in the envelope with the unsigned letter which reflected upon the chastity of the woman to whom it was addressed there was also a check signed by the appellant. He reasons from this that his identity was therefore known. In Bradfield v. State, 73 Tex. Crim. 353, 166 S.W. 734, this court had before it a similar contention where

[ 165 Tex. Crim. Page 535]

    the evidence showed that the accused wrote the anonymous letter in the presence of the female to whom it was addressed and delivered it to her. See also Belk v. State, 102 Tex. Crim. 561, 278 S.W. 843. We further observe that when the appellant plead guilty "all the material averments in the information were admitted." Hawkins v. State, 158 Tex. Crim. 406, 255 S.W.2d 875, and the cases there cited.

The judgment is affirmed.

Disposition

Affirmed.

19571218

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