Carter v. State

Court of Criminal Appeals of Texas

Carter v. State

298 S.W. 424, 107 Tex. Crim. 568, 1927 Tex. Crim. App. LEXIS 510

CourtCourt of Criminal Appeals of Texas

DecidedJune 15, 1927

DocketNo. 11007.

StatusPublished

This text of 298 S.W. 424 (Carter v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter v. State, 298 S.W. 424, 107 Tex. Crim. 568, 1927 Tex. Crim. App. LEXIS 510 (Tex. 1927).

Pincite

Opinions

BAKER, Judge. —

The appellant was convicted of robbery with firearms, and his punishment assessed at ninety-nine years in the penitentiary.

The record discloses that the appellant was charged by indictment with robbing W. C. Jamison, cashier of the First National Bank of Garland, by the use of firearms, and with taking from his possession §4,541.25 in money on or about April 1, 1926. It appears from the state’s testimony that the appellant, a few minutes after noon on the above date, entered the back door of the bank in question, drew a pistol on the cashier, W. C. Jamison, and another on the bookkeeper, Mrs. Oscar Morrison, and compelled the cashier, under threats, to deliver to him the amount of money set out in the indictment. The appellant then locked the cashier, the bookkeeper, and a negro, who had entered the bank, in the vault and made his escape. He was afterward *569 located and arrested in the State of Montana and brought back to Dallas for trial.

The appellant failed to testify.

The record is before us without any bills of exception, and the. only question for our consideration is the sufficiency of the testimony to warrant the conviction. The state’s witnesses positively identified appellant as being the party who committed the robbery, and after a careful examination of the entire record we are of the opinion that the verdict of the jury is amply supported by the testimony.

The judgment of the trial court is therefore affirmed.

Affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Free access — add to your briefcase to read the full text and ask questions with AI

BAKER, Judge. —

The appellant was convicted of robbery with firearms, and his punishment assessed at ninety-nine years in the penitentiary.

The record discloses that the appellant was charged by indictment with robbing W. C. Jamison, cashier of the First National Bank of Garland, by the use of firearms, and with taking from his possession §4,541.25 in money on or about April 1, 1926. It appears from the state’s testimony that the appellant, a few minutes after noon on the above date, entered the back door of the bank in question, drew a pistol on the cashier, W. C. Jamison, and another on the bookkeeper, Mrs. Oscar Morrison, and compelled the cashier, under threats, to deliver to him the amount of money set out in the indictment. The appellant then locked the cashier, the bookkeeper, and a negro, who had entered the bank, in the vault and made his escape. He was afterward *569 located and arrested in the State of Montana and brought back to Dallas for trial.

The appellant failed to testify.

The record is before us without any bills of exception, and the. only question for our consideration is the sufficiency of the testimony to warrant the conviction. The state’s witnesses positively identified appellant as being the party who committed the robbery, and after a careful examination of the entire record we are of the opinion that the verdict of the jury is amply supported by the testimony.

The judgment of the trial court is therefore affirmed.

Affirmed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

Cite This Page — Counsel Stack

Bluebook (online)

298 S.W. 424, 107 Tex. Crim. 568, 1927 Tex. Crim. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-state-texcrimapp-1927.