Ball v. State

• Decision Date: 03 June 1931
• Docket Number: No. 14222.,14222.
• Citation: 39 S.W.2d 619
• Parties: BALL v. STATE.
• Court: Texas Court of Criminal Appeals

39 S.W.2d 619

BALL v. STATE.

No. 14222.

Court of Criminal Appeals of Texas.

June 3, 1931.

Commissioners' Decision.

Appeal from District Court, McLennan County; Richard I. Munroe, Judge.

H. H. Ball, alias James Warren, was convicted for robbery, and he appeals.

Reversed and remanded.

Edgar E. Witt and Tirey & Tirey, all of Waco, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

CHRISTIAN, J.

The offense is robbery; the punishment, confinement in the penitentiary for five years.

Roy Collins went into the place of business of Ross Bailey, and, exhibiting a pistol, forced Bailey to deliver approximately $127 in money to him. Collins was placed on the witness stand by the state. He testified on his direct-examination by the district attorney that appellant was not with him at the time he committed the offense, and, further, that appellant was not outside waiting in an automobile while he committed the robbery. In short, he denied that appellant had anything to do with the commission of the offense. The state introduced witnesses, among them being the district attorney, who testified that Collins had stated to them shortly before going on the witness stand that appellant was outside in an automobile waiting for him when he (Collins) committed the offense. The injured party testified that Collins came into the store alone. He knew nothing about appellant having any connection with the commission of the crime. The state used an accomplice witness, Forest Hocker, who testified, in substance, that he, Roy Collins, and appellant met in Austin near the Texan Hotel and planned the robbery; that thereafter they drove to Waco and stopped the automobile near Bailey's store; that he and appellant waited in the car while Collins went in and committed the robbery; that thereafter they separated with the agreement that they would divide the money. The state offered in evidence appellant's written confession made to the district attorney, wherein appellant stated that he went with Collins to Waco and waited outside while Collins robbed Bailey's store. A witness for the state testified that she saw an automobile leave Bailey's store immediately after the robbery. This witness was unable to identify appellant as one of the occupants of the car. Over appellant's objection, the state offered in evidence a letter written by appellant to Roy Collins, in which appellant requested Collins to send him some money. We quote this letter in part as follows: "I tried to get in touch with you by telephone yesterday morning about this deal here. It is good for about two grand on Saturday night easy, and the party will not be any trouble. I have been out twice. Everything is perfect. I could not get Drake to do a thing about the deal on Sunday night. I wanted him to go out last night but he would not do it. I told him I would go and get a car if he would drive it. He said it was too much of a chance on the car."

Appellant's confession appears to be the only testimony in the record furnishing corroboration of the testimony of the accomplice witness. Appellant testified that the confession was not freely and voluntarily made, and related matters which, if believed, would have led to the...