Howes v. State

• Decision Date: 29 February 1928
• Docket Number: (No. 11403.)
• Citation: 3 S.W.2d 445
• Parties: HOWES v. STATE.
• Court: Texas Court of Criminal Appeals

3 S.W.2d 445

HOWES v. STATE.

(No. 11403.)

Court of Criminal Appeals of Texas.

February 29, 1928.

Commissioners' Decision.

Appeal from District Court, Eastland County; Geo. L. Davenport, Judge.

C. B. Howes was convicted of forgery, and he appeals. Reversed and remanded.

Chastain & Judkins, of Eastland, for appellant.

A. A. Dawson, State's Atty., of Austin, for the State.

CHRISTIAN, J.

The offense is forgery; the punishment confinement in the penitentiary for two years.

Appellant challenges the sufficiency of the evidence.

Omitting the formal parts, appellant's confession, which was introduced in evidence by the state, was as follows:

"My name is C. B. Howes. My home is in Kansas City. I have not been there for about a couple years. The last work I did was in California. I worked there for about two weeks for a railroad company. I drew the draft that I deposited in the Bank at Ranger. It was for $3,854.30, drawn on the Traders' National Bank of Kansas City, Mo. I signed the name of Jas. B. Wilson to it. I have not had any account in any Kansas City Bank for about five years. I have never had an account in the name of Jas. B. Wilson anywhere. My account was in my right name, C. B. Howes. I do not know any one by the name of Jas. B. Wilson, and I did not have authority of any one to sign that name to a draft. I never heard of any one by that name; I just used the name offhand. I knew the draft would not be honored when I left it at the Ranger Bank. Nobody lost anything by reason of my drawing this draft, not a cent."

In an attempt to corroborate appellant's confession, the state proved facts as follows: Appellant went to a bank in Ranger with C. E. May, who introduced him to the vice president as Mr. Wilson. Appellant stated to said official that he was connected with the Interstate Company, and was going to put in a branch office in Ranger and that he wanted to buy a home and move there. He further stated that he had an account with the Traders' National Bank of Kansas City in the sum of $3,854.30, and that he wanted to give the Ranger bank a check for said balance. In the presence of the vice president of the bank, appellant drew a draft on the Traders' National Bank of Kansas City in the sum of $3,854.30, signing it as Jas. B. Wilson. This draft was received by the Ranger bank for collection, and appellant was given a receipt therefor, showing that it had been received for said purpose. Appellant also signed the name of Jas. B. Wilson at the top of a ledger sheet taken from the ledger of the bank. The draft was not sent to Kansas City. The Ranger bank wired the Traders' National Bank of Kansas City, and also talked to one of its officials over the telephone. A reply by telegram was received from said Kansas City bank. Shortly thereafter appellant was approached by peace officers and the vice president of the Ranger bank as he was leaving the Gholson Hotel, where he was stopping. These parties asked appellant, "What is your hurry about leaving town?" Appellant replied, "Well, I was going over to Fort Worth." Shortly after appellant was arrested, the vice president of the Ranger bank found the stub of a check book in appellant's room. He testified that the words in the stub book were written by the...