Cameron v. State

• Citation: 217 S.W.2d 23
• Decision Date: 02 February 1949
• Docket Number: No. 24228.,24228.
• Parties: CAMERON v. STATE.
• Court: Court of Appeals of Texas. Court of Criminal Appeals of Texas

Page 23

217 S.W.2d 23

CAMERON v. STATE.

No. 24228.

Court of Criminal Appeals of Texas.

February 2, 1949.

Commissioners' Decision.

Appeal from District Court, Stephens County; Floyd Jones, Judge.

Raymond R. Cameron was convicted of burglary, and he appeals.

Affirmed.

No appearance for appellant.

Ben J. Dean, Dist. Atty., of Breckenridge, and Ernest S. Goens, State's Atty., of Austin, for the State.

DAVIDSON, Judge.

Burglary is the offense; the punishment, five years in the penitentiary.

Bloxom's feed store at Breckenridge was burglarized at night. Entry was made after breaking an upper window from an adjoining roof. A big safe in the building was broken open and there was taken therefrom and carried away what is referred to as a "little" safe, which contained $166.55. A purse belonging to appellant and containing his picture and numerous identification papers was found near the small window through which entrance was gained to the building. The little safe was found the next morning near a public highway about four miles from Cisco. It had been broken open and the contents taken. A black coupe similar to that owned by appellant was seen to leave the place where the small safe was found.

Appellant was arrested three days later, while driving a black Ford coupe in which was found a pinch bar which had paint thereon similar to that on a piece of board left in the large safe when the little safe was pried out and similar to that found on the inside of the small safe. Paint found in the turtle back of the car was similar to that found on the small safe. Fragments of newspapers found at the place where the little safe had been broken open matched those found in the turtle back of the car.

The conclusion is reached that the foregoing circumstances were sufficient to warrant the jury's conclusion that appellant was a guilty participant in the burglary.

Appellant did not testify. His defense was that of "alibi."

By Sec. 5 of art. 642, C.C.P., counsel for the accused is authorized to make a statement as to the nature of the defenses relied upon and the facts expected to be proved in support thereof. Appellant requested permission to make this statement in person. This request the trial court refused, but offered to permit appellant's counsel to make the statement. The offer was not accepted. The right accorded by said statute is to be exercised by counsel but is to be exercised by the accused, in person, only when it is shown that counsel could not make the statement. No such showing was made.

No error appears in the ruling of the trial court. Foster v. State, 148 Tex. Cr.R. 372, 187 S.W.2d 575.

By a bill of exception it is made to appear that one of appellant's counsel had occasion, a short time before the trial of this case, to interview one Clyde Armstrong, who, at that time, was in the city jail at Fort Worth. In this interview (quoting from the bill), Armstrong admitted to the attorney and to another person that "he (Armstrong) had burglarized the feed store for which this defendant was being tried, and that it was him who dropped the pocket book containing the picture and the identification papers of the defendant, and that the defendant was not with him and had nothing to...