Smith v. State, 26016
| Decision Date | 05 November 1952 |
| Docket Number | No. 26016,26016 |
| Citation | 253 S.W.2d 665,157 Tex.Crim. 637 |
| Parties | SMITH v. STATE. |
| Court | Texas Court of Criminal Appeals |
H. S. Beard, Waco, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
The offense is that of being an accomplice to the crime of robbery; the punishment, five years.
One Harris and one Anderson came to Marlin on the night of January 1, 1951; went to the home of George Lankford; and, by the use of firearms and after having tied the hands and feet of those present, robbed them of a diamond ring, three watches, and other jewelry, together with certain currency.
On the trial of appellant, both the principals and the victims testified to the commission of the robbery as above described. Mr. Lankford further testified that he had met the appellant some time prior to the robbery in the course of his automobile business.
Harris, in addition to admitting his guilt, for which he had been convicted and sentenced to the penitentiary, give certain inculpatory evidence concerning the appellant's connection with the offense. He testified that, before the robbery while talking to appellant, he had mentioned the fact that he needed some money, and appellant had told him of a Mr. Lankford in Marlin, who had a diamond ring that would be worth some money; and that he (the appellant) would dispose of the ring if Harris would get it; and that he later agreed with appellant to undertake the enterprise. Harris further testified that, prior to this conversation, he had never heard of Lankford; and that a few days before the commission of the offense in question the appellant had journeyed to Marlin, in company with him and Anderson, and had pointed out the Lankford home to them. Harris also stated that, after the commission of the crime, he and Anderson had returned to Waco and delivered the ring and other jewelry to appellant that same night.
Anderson gave the same testimony as had Harris concerning the delivery of the fruits of the robbery to the appellant and told of having met the appellant some two weeks later, at which time appellant reported to him that he still had the jewelry.
Sheriff Pamplin testified that, approximately a month after the robbery, he arrested Harris in Waco, and some time later Anderson and appellant came into his custody. The Sheriff stated that, in the course of questioning the appellant, he had told him that Harris had told of appellant's part in the crime, including the receipt of the stolen property and the trip to Marlin which preceded the robbery, and that appellant had admitted the truth of Harris' report and also that he had the Lankford ring and the jewelry in Waco.
Sheriff Pamplin further stated that, immediately after receiving this information, he took the appellant to his home in Waco, where appellant turned over the Lankford ring to him, and that on the following day appellant's father brought the remainder of the jewelry to his office in Marlin.
The witness Brady testified that a few days before the robbery the appellant had sought to interest the witness and one Roach in going to the home of an automobile dealer in Marlin on New Year's Eve and there burglarizing the same in the event the family was away, or robbing the family if they were found at home, holding out as an inducement the representation that the automobile dealer had a fine diamond ring and usually kept large sums of money in the house....
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Port v. State
...(1939) (stolen property with a value over $50.00); Lovell v. State, 138 Tex.Crim. 134, 134 S.W.2d 266 (1939) (hat); Smith v. State, 157 Tex.Crim. 637, 253 S.W.2d 665 (1952) (currency and jewelry); Tawater v. State, 408 S.W.2d 122 (Tex.Crim.App.1966) (truck); Rayford v. State, 423 S.W.2d 300......
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