Turner v. State

• Decision Date: 11 January 1928
• Docket Number: (No. 11279.)
• Citation: 1 S.W.2d 642
• Parties: TURNER v. STATE.
• Court: Texas Court of Criminal Appeals

1 S.W.2d 642

TURNER v. STATE.

(No. 11279.)

Court of Criminal Appeals of Texas.

January 11, 1928.

Appeal from District Court, Williamson County; Cooper Sansom, Judge.

William Turner was convicted of burglary, and he appeals. Reversed and remanded.

Miller, Price & Beard, of Waco, for appellant.

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

HAWKINS, J.

Conviction is for burglary; punishment being 12 years in the penitentiary.

We find it necessary to discuss only the question of the sufficiency of the evidence to corroborate the testimony of an admitted accomplice. Article 718, C. C. P. 1925, positively prohibits a conviction upon the testimony of an accomplice unless corroborated by other evidence tending to connect accused with the commission of the offense. The test as to the sufficiency of the corroboration long recognized as correct by our courts is to eliminate from consideration the evidence of the accomplice and examine the testimony of other witnesses with the view of ascertaining if from them comes incriminating evidence which tends to connect accused with the commission of the offense. If so, the corroboration is sufficient; otherwise, not. Welden v. State, 10 Tex. App. 400; Jones v. State, 59 Tex. Cr. R. 559, 129 S. W. 1118; Boone v. State, 90 Tex. Cr. R. 374, 235 S. W. 580; Durham v. State, 106 Tex. Cr. R. 85, 290 S. W. 1092. Applying this test to the present case we find the facts established by nonaccomplice witnesses may be briefly stated as follows: On the night of April 20, 1927, a store at Jarrell, in Williamson county, was burglarized. The burglary was not discovered until the morning of the 21st of April. Merchandise was scattered over the house. Some suits, hats, ladies dresses, shoes, cigars, cigarettes, and a small amount of money had been taken. One witness testified that he knew appellant, O'Neal, Hamilton, and two girls, Jewell Hamilton and Addie Burnhardt; that he saw O'Neal and appellant in San Antonio about 6 o'clock on the evening of April 20th. The boys told witness they had brought the girls down to see him. They pointed out a Ford coupé and said they had come to San Antonio in it. He saw the girls about 7 o'clock and took them to a fire station. The three men named came to the fire station in a large closed car about 12 o'clock that night and the three men and the two girls left in that car. They did not say where they were going and witness did not profess to have any knowledge upon that point, nor did he know the make of the car the parties left in. Some time during the day of April 22d another witness found in a lane about four and a half miles northeast of the city of Waco eight shoes, three pairs and two odd shoes. These shoes were turned over to the sheriff of Bell county. Some time between the 20th and 25th days of April a witness saw the five parties heretofore named at Mineral Wells. They were in a large closed car. They did not tell witness where they had been, but said they were going to Eastland or Ranger. The sheriff of Williamson county received the shoes which were exhibited at the trial from the sheriff of Bell county, and also received from the two girls two dresses which were exhibited at the trial. It was shown by the mother of Jewell Turner that she left home alone on the evening of the 18th or...