Brooks v. State

• Decision Date: 19 June 1909
• Citation: 120 S.W. 878
• Parties: BROOKS v. STATE.
• Court: Texas Court of Criminal Appeals

120 S.W. 878

BROOKS v. STATE.

Court of Criminal Appeals of Texas.

June 19, 1909.

Appeal from District Court, Taylor County; Thomas L. Blanton, Judge.

Jesse Brooks was convicted of theft from the person, and he appeals. Reversed and remanded.

F. J. McCord, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was convicted of theft from the person; his punishment being assessed at two years' confinement in the penitentiary.

The record discloses that the alleged owner, Paul Rodgers, had been picking cotton in Coleman county; that his residence was in Scurry county, five miles west of Snyder; that en route home from Coleman county he stopped at Abilene, in Taylor county, and spent the day. He was walking around the town during the day, in company with Roy Garner most of the time, and part of the time with appellant and another boy named Stout. Stout died before the trial. Garner and the prosecuting witness testified in the case. Appellant and Stout had a bottle of whisky. The prosecuting witness, Rodgers, and Garner, had a bottle of alcohol. All of the boys were more or less under the influence of intoxicants. Some time about 11 o'clock p. m. Rodgers and Garner secured room No. 10 at the Red Front Restaurant for the purpose of spending the night. After renting the room Rodgers went to bed. Garner went to another part of town to get his grip. While at the place where his grip was he met the other two boys, appellant and Stout, who made inquiry of him as to where he and Rodgers were going to spend the night, and received the information. They went away before Garner, and when Garner reached the room occupied by himself and Rodgers he found appellant and Stout in the room—appellant in bed with Rodgers, who was asleep, and Stout looking in the grip of Rodgers. This grip contained the alcohol. Nothing was taken from the grip. Garner requested appellant to get out of bed; that he wanted to retire. Appellant arose, went away, and Stout accompanied him. Rodgers testified that, the night being a little cool and the cover light, he did not pull off his breeches; that he had two purses containing money, one of which was in his pants pocket; that he did not know when he lost his money, but it was in the purse the last time he noticed it, which was some time before he went to his room; that he was to arise early in the morning to take the west-bound train en route home; that when he awoke, about 3 o'clock in the morning, he discovered that his pocketbook...