44 S.W.2d 688 | Tex. Crim. App. | 1931
The offense is forgery; the punishment, confinement in the penitentiary for two years.
Dorothy Wells, an accomplice witness, testified for the state, in substance, as follows: While at a dance with appellant she took the purse of Mrs.' Stephens, believing that it belonged to her. She found in the purse a courtesy card with the name of Howard B. Stephens on it. This card entitled the owner to buy gasoline on credit at Humble filling stations. Appellant and the witness started on a trip in appellant’s automobile. Appellant suggested to the witness that they get gasoline on the courtesy card. When the parties reached Abilene they drove to an Humble filling station and got some gasoline, using the courtesy card to obtain it. The witness, Dorothy Wells, signed the ticket. She also executed a check to the filling station in the sum of $3 and signed thereto the name of Mrs. B. Howard Stephens. The proprietor of the station delivered $3 to the witness. Appellant told the witness to state to the man at the
Aside from the testimony of the accomplice witness we find the following in the record: The proprietor of the filling station testified that Dorothy Wells executed the check in his presence and delivered it to him and that he gave her $3 in money. He said the parties came to the filling station in a Ford car, driven by appellant. He testified further that appellant asked him how far it was to Midland, saying that the lady with him was to pay the bills for gasoline. He testified that appellant said that the automobile belonged to him and that the lady was to pay all the expenses of the trip. He said that appellant stated to him that the lady was going to Midland to see her husband. He said further that appellant, another girl and the accomplice witness left together in the automobile. According to his testimony, the check was written by Dorothy Wells in the office while appellant was out in the driveway about twenty feet away from her. He testified that the witness told him her name was Stephens. He said that he did not remember whether appellant told him what the lady’s name was. He did not know either appellant or the witness'. Other employees of the filling station gave substantially the same testimony as that of the witness last mentioned. Mrs. Stephens testified that she had not given Dorothy Wells authority to sign the check. She said further that she did not know appellant. Appellant did not testify in his own behalf, but offered witnesses who testified that his general reputation for being peaceable and law-abiding was good and that he had not been convicted of a felony in this or any other state. Appellant submitted his application for a suspended sentence.
Appellant insists that the accomplice witness was not sufficiently corroborated. We think the contention should be sustained. A conviction cannot be had on the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; and the corroboration is not sufficient if it merely shows the commission of the offense, but it must tend to connect the accused with its commission. Article 718, C. C. P.; Durham v. State, 106 Texas Crim. Rep., 85, 290 S. W., 1092. The test as to the sufficiency of the corroboration is to omit from the case the evidence of the accomplice witness, and then examine the evidence of the other witnesses with the view of ascrtaining if there be inculpatory evidence; that is, evidence of incriminating character which tends to connect the accused with the commission of the offense. If there be such evidence, the corroboration is sufficient; otherwise, not. Jones v. State, 59 Texas Crim. Rep., 559, 129 S. W., 1118; Durham v. State, supra; Freeman v. State, 118 Texas Crim. Rep.,
The judgment is reversed and the cause remanded.
Reversed and remanded.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.