Rice v. State

Decision Date29 March 1933
Docket NumberNo. 15734.,15734.
Citation59 S.W.2d 119
PartiesRICE v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from District Court, Coleman County; E. J. Miller, Judge.

Joe Rice was convicted of conspiracy to rob, and he appeals.

Reversed and remanded.

Baker & Baker, of Coleman, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

CALHOUN, Judge.

The offense is conspiracy to rob; the punishment, confinement in the penitentiary for two years.

The appellant was jointly indicted with Charlie Rice, Willie Rice, Chick McKay, H. E. Bell, and Ollice Woods in the first count with having entered into a conspiracy to assault W. F. Roberts, Jr., and put him in fear of life and bodily injury to fraudulently take from him and his possession, etc., and in the second count with conspiracy with said parties above mentioned to assault the cashier of the Lohm State Bank by putting him in fear of life and bodily injury to fraudulently take from his possession personal property belonging to said bank, etc.

The testimony in brief was to the following effect: About 7:30 o'clock on the morning of January 6, 1930, W. F. Roberts, Jr., the cashier of the Lohm State Bank, went to the bank preparatory to opening said bank for the day. As he unlocked the front door and entered, he was confronted by a man with a drawn pistol, who required him to unlock the vault and deliver to him approximately $1,400 of the bank's money. The money so taken consisted of bills of different denominations and some silver—nickels, dimes, quarters, and half dollars. Said Roberts testified that he saw the form of another man coming from the back or end of the lobby of the bank, but that he did not see the other man well enough to identify him. He further testified that the man who held him up would weigh about 190 or 200 pounds, and the other man seemed to be taller and not as heavy as the man who held him up. The state through its district attorney, in open court, after said testimony had been given by the said Roberts, admitted that the appellant was not there at the bank on that occasion.

Another witness testified that he lived about 50 yards west of the Lohm State Bank, and about 8 o'clock on the morning of the alleged robbery he saw two men come out of the back door of the bank and get into a model A Ford roadster parked there and leave immediately thereafter going in a northeastern direction. Several witnesses testified for the state that they noticed a Ford roadster going up the Santa Anna road, which road led in the direction of what was known as the Jennings oil lease in Coleman county. They all testified that the car was going at a rapid rate of speed, and they could not recognize who was in the car or the number of persons in the car because the curtains of said car were up. It was also in evidence that on the morning of the alleged robbery a Ford roadster with the curtains up was seen coming towards the house of appellant's brother, Willie Rice, but the witness testifying could not tell whether there was more than one man in the car or not. The car was going toward a vacant house about half a mile from the house of Willie Rice. The evidence further showed that the vacant house had formerly been occupied by the appellant and his family, but that some months prior to the venture herein related the appellant had moved away with his family, but had left a few things in the house at the time he moved. At the time of the alleged offense, he and his wife were visiting his brother, Willie Rice, at said Willie Rice's home. The testimony was also to the effect that the lights on said car seen going toward the vacant house were burning at the time. There was further testimony in behalf of the state that a few minutes after the car passed the house of Willie Rice the appellant and the said Willie Rice with another man were seen to leave Willie Rice's house and go toward the vacant house. It is also shown by the evidence that the Ford roadster testified about was later seen parked in the vicinity of the vacant house and the lights were still burning. Several hours after the robbery, officers went to said vacant house, and, upon approaching the house, they saw five or six men fleeing from the vicinity thereof. A gun fight ensued in which Ollice Woods was killed, and his body was afterwards identified by the witness Roberts as the person who perpetrated the actual robbery. The officers found some currency in the vacant house, and this currency was identified by the witness Roberts by some clips that had been placed on the currency by himself. The money was not marked otherwise. It was also in evidence that the clips placed on the currency could be purchased from any stationery drummer, and were more or less in common use.

The state also put upon the witness stand the appellant's brother, Charlie Rice, who testified that...

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15 cases
  • San Fratello v. United States
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 20 Enero 1965
    ...6 Co-defendants: United States v. Tucker, 3 Cir., 267 F.2d 212 (1959); Rice v. State, 121 Tex.Cr.R. 68, 51 S.W.2d 364; Rice v. State, 123 Tex.Cr.R. 326, 59 S.W.2d 119, 121; Washburn v. State, 164 Tex.Cr.R. 448, 299 S.W.2d 706. The special status of a spouse as a witness against the other in......
  • Eckert v. State
    • United States
    • Texas Court of Criminal Appeals
    • 21 Octubre 1981
    ...entered into a positive agreement to burn the house ... as charged in the indictment," id., 74 S.W.2d at 1021. Rice v. State, 123 Tex.Cr.R. 326, 59 S.W.2d 119 (1933): "... (W)e are of the opinion ... that it does not show a positive agreement, as required by the statute, to commit the offen......
  • Gallegos v. People
    • United States
    • Colorado Supreme Court
    • 6 Julio 1965
    ...326 Mass. 494, 95 N.E.2d 539; Washburn v. State, 164 Tex.Cr. 448, 299 S.W.2d 706; Rice v. State, 121 Tex.Cr. 68, 51 S.W.2d 364; 123 Tex.Cr. 326, 59 S.W.2d 119; McClure v. State, 95 Tex.Cr. 53, 251 S.W. 1099; Garland v. State, 51 Tex.Cr. 643, 104 S.W. In DeGesualdo v. People, supra, this Cou......
  • Wall v. State, 40473
    • United States
    • Texas Court of Criminal Appeals
    • 28 Junio 1967
    ...198 S.W. 330; Lackey v. State, 148 Tex.Cr.R. 623, 190 S.W.2d 364; Johnson v. State, 158 Tex.Cr.R. 6, 252 S.W.2d 462; Rice v. State, 123 Tex.Cr.R. 326, 59 S.W.2d 119; Washburn v. State, 164 Tex.Cr.R. 448, 299 S.W.2d We still further observe that prior to trial the appellantfiled his motion t......
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