Braley v. State
| Decision Date | 14 February 1951 |
| Docket Number | No. 24959,24959 |
| Parties | BRALEY v. STATE. |
| Court | Texas Court of Criminal Appeals |
Maury Hughes, Dallas, T. F. Monroe, Dallas, for appellant.
Will R. Wilson, Jr., Criminal Dist. Atty., Charles S. Potts, Asst. Dist. Atty., W. Hugh Lyerly, Asst. Dist. Atty., all of Dallas, George P. Blackburn, State's Atty., of Austin, for the State.
DAVIDSON, Commissioner.
The conviction is under Art. 619, P.C., prohibiting the keeping and exhibiting of a policy game, with punishment assessed at four years in the penitentiary.
The facts relied upon to show appellant's guilt are circumstantial, and may be stated as follows:
Policy writers for the 'Texas and Louisana Wheel' sold policy throughout the City of Dallas. The money from these sales, as well as the policy slips, was placed in bags bearing numbers identifying the seller, carried to a designated place, and there delivered to a 'check-in man.' He, in turn, delivered the bags to 'runners,' who carried and delivered the bags to Room 727 in the Southland Hotel. After the drawing, the bags were returned, through the same process and place, to the writers who paid the holders of the winning tickets.
In the instant case, Golightly was the writer, Criner, the check-in man, and Plater, the runner. The central meeting place was 'Stone's Cafe' or 'Saratoga Buffet.'
The testimony shows the operation of a policy game out of Rooms 727 and 726 of the Southland Hotel.
To show appellant's connection therewith, Criner, the check-in man, testified that he received twenty-five dollars per week for acting as such check-in man and that out of such salary he received $23.10 in cash, the balance of $1.90 being withheld for income taxes. In connection with his employment, he obtained a social security card in 1945, which he gave to the appellant.
It appears that on the 28th day of September, 1949, the date the offense is alleged to have been committed, peace officers made simultaneous raids upon Rooms 727 and 528 in the Southland Hotel, Stone's Cafe, and the home of Roland Bomberger. In Room 727 of the Southland, the officers found Joseph Dodd and Elihu Winn. There they found a suitcase containing money and policy sheets and twenty-five bags lying on the table, among other things. The money found totaled $289.40.
Appellant was registered in Room 528 at the Southland Hotel, a search of which room revealed a trunk containing $1,201.08. Some of the bills were loose and some wrapped. Among the bills were several that the witness Franklin, an undercover agent of the Waco police department, identified as having been used by him about two days prior in purchasing policy tickets.
Other incriminating facts were offered in evidence but, inasmuch as we have concluded that the stated facts warranted the jury's conclusion of guilt, it would serve no useful purpose to state them.
The state offered in evidence memoranda which appellant had delivered to Fry, a public accountant, from which the accountant was to prepare appellant's income tax returns for the years 1947 and 1948. Some of the handwriting thereon was identified as being that of appellant. From this memorlanda the witness Fry testified he had made income tax returns for the partnership in 1947 of Braley, Bickers, and Stone, the names appearing on the memoranda, and for the year 1948 for the partnership of Braley, Bickers, Taylor, and Stone, as appeared thereon, showing the earnings of the partnership and salaries paid to employees, including Criner, the 'check-in man,' and amounts paid as rent to the Southland Hotel and a stationery bill to Tigert Printing Company of Dallas. The proportionate part each partner received from the partnership was shown.
Appellant objected to the introduction of these memoranda and also to the testimony of the witness Fry in identifying the same as having been delivered to him by appellant and upon which income tax returns for the years mentioned were based. Among the objections to said testimony was that it was hearsay in not being identified as having been made by appellant and that it constituted unwarranted proof of income tax returns.
The memoranda were identified as having been delivered by the appellant to the witness for a special purpose. Whether same were or were not in his handwriting was immaterial, for appellant made same his act and became responsible...
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