Hampton v. State, 39478
| Decision Date | 13 April 1966 |
| Docket Number | No. 39478,39478 |
| Parties | Wade G. HAMPTON, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Michael W. Wagner, San Antonio (By Court Appointment), for appellant.
James E. Barlow, Dist. Atty., Charles T. Conaway, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for giving a worthless check of over the value of fifty dollars with a prior conviction alleged for enhancement; the punishment, ten years.
Era Wright testified that on March 30, 1965, she was the sole owner of the Wright Liquor Store or Wright's Liquor Store in San Antonio; that Donnis St. Clair had been employed by her for about four months and was authorized to accept checks for her; that while on duty March 30, he accepted a check for $63.86 signed by Wade G. Hampton; that she had seen Wade G. Hampton, the appellant, three times and he had never before March 30, cashed a check at her store; that she signed a letter which was directed, registered, and mailed to the appellant asking him to pay said check and the notice was returned marked 'Received'; and that she never agreed to hold said check and never authorized anyone to make such agreement.
Dennis St. Clair testified that on March 30, 1965, he was employed by Era Wright, the owner of Wright's Liquor Store, and about 7:30 p.m. that day the appellant came in the store and said he had placed an order by telephone for some liquor, and although St. Clair knew nothing about such an order, when he found some liquor in a package under the counter the appellant said, 'Do you have a draft?'; that appellant said he had been talking with Era Wright over at a lounge; that he was a contractor, and he had money in the bank and that the check would be good; that the appellant wrote out the draft except the name of the payee and appellant's address and signed it in his presence, and for which he gave him six bottles of liquor and $31 in money which belonged to Era Wright. While testifying, St. Clair identified the check that appellant gave him Johnson for St. Clair to hold the check and in the amount of $63.86 which was drawn on the National Bank of Commerce in San Antonio, and when it was introduced in evidence the appellant stated that he had no objection. The check was duly deposited and returned with the notation 'Unable to Locate Account,' and the appellant has never paid the check. St. Clair testified that the appellant never told him that he had made arrangements with Mrs. Johnson for St. Clair to hold the check and he would later pay it; that appellant never told him Era Wright had taken checks from him before and held them; and that the appellant never asked him to hold the check, and never gave him any reason to believe that the check was not good. On cross-examination St. Clair testified that the appellant told him that he and Era Wright were old friends, and he never said anything about holding the check for payment; that Mrs. Johnson, the employee that St. Clair relieved, told him that appellant was coming to pick up some liquor.
The testimony of a bookkeeper in custody of the records of all persons having checking accounts at the National Bank of Commerce, San Antonio, Texas, reveals that the appellant did not have an account in said bank on March 30, 1965, and had not had for several years.
Proof was offered of the prior conviction alleged for enhancement and the appellant was identified as the person so convicted. While testifying the appellant admitted his previous conviction for the felony offense of giving a check without sufficient funds as alleged for enhancement.
In rebuttal the state offered evidence that the appellant had cashed other checks which were returned unpaid because his account was insufficient to pay them.
Testifying in his own behalf, the appellant stated that on March 30, 1965, he asked Mrs. Johnson at Wright's Liquor Store by telephone he could get six bottles of liquor and some money, and give a check which they would hold for two weeks and she asked him to call back in 30 or 40 minutes which he did and she said it would be all right; that about two hours later he went to the liquor store and saw Dennis St. Clair who had relieved Mrs. Johnson, and told him his name and asked St. Clair if he had a package for him, and in a short time St. Clair found a package containing six bottles of liquor with appellant's name on it; that he got the liquor and $31 in...
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