MORRISON, Presiding Judge.
The offense is that of being an accomplice to the crime of robbery; the punishment, 8 years.
We quote from the appellant’s confession as follows:
“I have known Johnny Kirk since 1952. I have known Floyd [168]*168"Ray (Curly) Drake about a year and a half. I run into Johnny Kirk out on the Beaumont highway on Tuesday, December 11, 1956, about three oelock in the evening. He told me that he wanted to use my car that night to go up in the country to get some money from a bootlegger. He told me he wanted to use my car to pull a job. I knew what he was going to do with it. He said he was going to rob a bootlegger and he needed a car and that he would fix me up for letting him use the car. I told him O.K. to go and get it. He knew where it was. My car that he used was a 1947 Lincoln, 4 door, black. He had never used my car before to pull a job that I know of. The next morning at about 7 o’clock Johnny Kirk and Curly Drake came out to Josephines Motel on Telephone road, where I had spent the night with a hustling girl named Jackie.-This Motel is right next to the Chicken House on Telephone road, I think it is Josephines, but I might have the name wrong. I had rented a room there in the name of J. B. Franklin. I stayed there for three days. I had told Johnny the day before where I was staying. When Johnny and Curly got there we went in the kitchen and Johnny Kirk gave me $100 for using my car the night before. I asked them how much they had got out of the job and they said they had got $2200. Then they left. Then I read in the paper about the job being pulled near Garrison and knew that was the one they had pulled. On Thursday I went home and' my wife said that Johnny had got the car and had also got my 25 caliber pistol, ■a automatic. I told her that I had loaned the car but not the pistol. That evening I saw Johnny Kirk at the B. & H. grocery on the Beaumont highway. The next day my wife told me the law had been to my house looking for me and then I went looking for Johnny. I found him there at the B. & H. grocery and told him that I had to have some more money to pay a lawyer because I was hot on that job. If I hadrot got hot on the job and needed a lawyer I would have been satisfied with the $100. Johnny got $100 from Curly and gave me $100 hiself and gave it to me. The next day I told him I needed some more and Johnny gave $190 and Curly gave me $50. That made $540 that I got out of the job they pulled for them using- my car. I have spent all of this $540 since then. I agev a lawyer $150 of it. I give my wife about $160 and just spent the rest. I lost $210 playing poker. The pistol that Johnny borrowed is at my house in Houston now. This is the 25 automatic that he got when he got the car. I buy my gasolene from a negro that runs an Humble station up on Setticus street. I trade there on credit and he gives me a pink carbon copy of the bill when I buy gas there I just put these in the glove compartment of the car and usually have several in there just loose * * * *”
[169]*169In addition to the above, the State introduced in evidence the confession of John Henry Kirk, which recounted how he and two others had told the appellant that they “were going to rob a bootlegger and needed his car for the job,” how they had proceeded to Rusk County in the appellant’s automobile, robbed the injured parties at gun point, returned to Houston, and paid the appellant a part of the proceeds of the robbery.
The injured parties testified about the robbery and their losing $2,200.00.
A gasoline sales ticket made out to the appellant was found at the injured parties’ front gate, and this was followed by all the parties being taken into custody.
The appellant called two witnesses who testified that he was in the city of Houston at the time of the robbery.
Appellant’s wife testified that John Henry Kirk had borrowed the appellant’s automobile on the night in'question and had returned it the next day.
Appellant, testifying in his own behalf, denied any knowledge of the robbery and stated that his confession had been involuntary.
■ The state’s evidence shows that the appellant was in the custody of the officers from Rusk County from the time they left Houston until the confession was made and that no one else had the opportunity to question him. The appellant testified that he was questioned by certain city officers from Center in Shelby County who he stated inflicted acts of brutality upon him: Since the Rusk County officers denied that the appellant ever left their custody or that any coercion or brutality was inflicted upon him, there remained no undisputed evidence in the record which would render the confession inadmissible under the rule announced by the Supreme Court of the United States and recognized by this court. See McHenry v. State, 163 Texas Cr. Rep. 436, 293 S.W. 2d 773, and cases there cited. The jury, under an appropriate charge, found against the appellant on the issue of the voluntary nature of his confession, and we find the evidence sufficient to support the verdict.
We shall discuss the contentions advanced by appellant’s eminent attorney in brief and argument.
[170]*170A motion to quash that portion of the indictment upon which the case went to the jury was filed. It alleged that the appellant “did unlawfully and wilfully prepare and furnish aid” to the principal offender. Appellant contends that it did not apprise him of the kind or nature of the aid he was alleged to have furnished. The indictment is in substantial compliance with Willson’s Criminal Forms, 6th Edition, section 2314. This court has held in Gann v. State, 42 Texas Cr. Rep. 133, 57 S.W. 837; and Stepp v. State, 96 Texas Cr. Rep. 264, 257 S.W. 250, that in charging the offense of being an accessory to crime the indictment need not allege the character of aid rendered in assisting the principal.
Complaint is made concerning the testimony of Officer Swann about certain oral statements made by the appellant while under arrest as to the whereabouts of a .25 caliber pistol. The appellant asserts that Swann already had information about the pistol from other sources before he questioned the appellant. The record reflects that Swann and the other officers had information that such a pistol was in existence, but a question of fact was raised as to whether they had information as to its identity or location before the appellant pointed out the same to them.
The court in his charge submitted this fact issue to the jury and told them to disregard the oral statements of the appellant if they believed or had a reasonable doubt that the officers had such knowledge prior to receiving the same from the appellant.
The cases relied upon by the appellant are not here controlling.
The most serious question presented relates to the admission of certain portions of the confession of John Henry Kirk, who was the principal charged in the indictment. The appellant concedes that Kirk’s confession was admissible to prove that Kirk committed the robbery, but contends that portions thereof which implicated the appellant were inadmissible and that the court’s charge did not properly protect the appellant from the harmful effect thereof.
We find the general rule expressed in Branch’s Annotated Penal Code, 2nd Edition, section 93, page 100, as follows:
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MORRISON, Presiding Judge.
The offense is that of being an accomplice to the crime of robbery; the punishment, 8 years.
We quote from the appellant’s confession as follows:
“I have known Johnny Kirk since 1952. I have known Floyd [168]*168"Ray (Curly) Drake about a year and a half. I run into Johnny Kirk out on the Beaumont highway on Tuesday, December 11, 1956, about three oelock in the evening. He told me that he wanted to use my car that night to go up in the country to get some money from a bootlegger. He told me he wanted to use my car to pull a job. I knew what he was going to do with it. He said he was going to rob a bootlegger and he needed a car and that he would fix me up for letting him use the car. I told him O.K. to go and get it. He knew where it was. My car that he used was a 1947 Lincoln, 4 door, black. He had never used my car before to pull a job that I know of. The next morning at about 7 o’clock Johnny Kirk and Curly Drake came out to Josephines Motel on Telephone road, where I had spent the night with a hustling girl named Jackie.-This Motel is right next to the Chicken House on Telephone road, I think it is Josephines, but I might have the name wrong. I had rented a room there in the name of J. B. Franklin. I stayed there for three days. I had told Johnny the day before where I was staying. When Johnny and Curly got there we went in the kitchen and Johnny Kirk gave me $100 for using my car the night before. I asked them how much they had got out of the job and they said they had got $2200. Then they left. Then I read in the paper about the job being pulled near Garrison and knew that was the one they had pulled. On Thursday I went home and' my wife said that Johnny had got the car and had also got my 25 caliber pistol, ■a automatic. I told her that I had loaned the car but not the pistol. That evening I saw Johnny Kirk at the B. & H. grocery on the Beaumont highway. The next day my wife told me the law had been to my house looking for me and then I went looking for Johnny. I found him there at the B. & H. grocery and told him that I had to have some more money to pay a lawyer because I was hot on that job. If I hadrot got hot on the job and needed a lawyer I would have been satisfied with the $100. Johnny got $100 from Curly and gave me $100 hiself and gave it to me. The next day I told him I needed some more and Johnny gave $190 and Curly gave me $50. That made $540 that I got out of the job they pulled for them using- my car. I have spent all of this $540 since then. I agev a lawyer $150 of it. I give my wife about $160 and just spent the rest. I lost $210 playing poker. The pistol that Johnny borrowed is at my house in Houston now. This is the 25 automatic that he got when he got the car. I buy my gasolene from a negro that runs an Humble station up on Setticus street. I trade there on credit and he gives me a pink carbon copy of the bill when I buy gas there I just put these in the glove compartment of the car and usually have several in there just loose * * * *”
[169]*169In addition to the above, the State introduced in evidence the confession of John Henry Kirk, which recounted how he and two others had told the appellant that they “were going to rob a bootlegger and needed his car for the job,” how they had proceeded to Rusk County in the appellant’s automobile, robbed the injured parties at gun point, returned to Houston, and paid the appellant a part of the proceeds of the robbery.
The injured parties testified about the robbery and their losing $2,200.00.
A gasoline sales ticket made out to the appellant was found at the injured parties’ front gate, and this was followed by all the parties being taken into custody.
The appellant called two witnesses who testified that he was in the city of Houston at the time of the robbery.
Appellant’s wife testified that John Henry Kirk had borrowed the appellant’s automobile on the night in'question and had returned it the next day.
Appellant, testifying in his own behalf, denied any knowledge of the robbery and stated that his confession had been involuntary.
■ The state’s evidence shows that the appellant was in the custody of the officers from Rusk County from the time they left Houston until the confession was made and that no one else had the opportunity to question him. The appellant testified that he was questioned by certain city officers from Center in Shelby County who he stated inflicted acts of brutality upon him: Since the Rusk County officers denied that the appellant ever left their custody or that any coercion or brutality was inflicted upon him, there remained no undisputed evidence in the record which would render the confession inadmissible under the rule announced by the Supreme Court of the United States and recognized by this court. See McHenry v. State, 163 Texas Cr. Rep. 436, 293 S.W. 2d 773, and cases there cited. The jury, under an appropriate charge, found against the appellant on the issue of the voluntary nature of his confession, and we find the evidence sufficient to support the verdict.
We shall discuss the contentions advanced by appellant’s eminent attorney in brief and argument.
[170]*170A motion to quash that portion of the indictment upon which the case went to the jury was filed. It alleged that the appellant “did unlawfully and wilfully prepare and furnish aid” to the principal offender. Appellant contends that it did not apprise him of the kind or nature of the aid he was alleged to have furnished. The indictment is in substantial compliance with Willson’s Criminal Forms, 6th Edition, section 2314. This court has held in Gann v. State, 42 Texas Cr. Rep. 133, 57 S.W. 837; and Stepp v. State, 96 Texas Cr. Rep. 264, 257 S.W. 250, that in charging the offense of being an accessory to crime the indictment need not allege the character of aid rendered in assisting the principal.
Complaint is made concerning the testimony of Officer Swann about certain oral statements made by the appellant while under arrest as to the whereabouts of a .25 caliber pistol. The appellant asserts that Swann already had information about the pistol from other sources before he questioned the appellant. The record reflects that Swann and the other officers had information that such a pistol was in existence, but a question of fact was raised as to whether they had information as to its identity or location before the appellant pointed out the same to them.
The court in his charge submitted this fact issue to the jury and told them to disregard the oral statements of the appellant if they believed or had a reasonable doubt that the officers had such knowledge prior to receiving the same from the appellant.
The cases relied upon by the appellant are not here controlling.
The most serious question presented relates to the admission of certain portions of the confession of John Henry Kirk, who was the principal charged in the indictment. The appellant concedes that Kirk’s confession was admissible to prove that Kirk committed the robbery, but contends that portions thereof which implicated the appellant were inadmissible and that the court’s charge did not properly protect the appellant from the harmful effect thereof.
We find the general rule expressed in Branch’s Annotated Penal Code, 2nd Edition, section 93, page 100, as follows:
“Where on the trial of defendant, it becomes necessary to show guilt of another, and admissions or confessions of such [171]*171other, whether made in defendant’s presence or not or whether made before or after the commission of the offense are admissible to show the guilt of such other person, but such proof must be limited in the charge to the purpose for which it was introduced.”
In the case at bar, the court charged, in part, as follows:
“You are further instructed that if any evidence has been introduced before you in the nature of an admission or confession by John Henry Kirk to the effect that he, the said John Henry Kirk commiied the offense of robbery in and upon Bill Crump as alleged in the second count of the indictment herein, then such testimony shall not be considered by you as any evidence that the defendant Joseph E. Louvier had any knowledge of such robbery, if any, by the said John Henry Kirk prior to the commission of the same; of that he, the said Joseph B. Louvier, unlawfully and wilfully prepared and furnished aid to the said John Henry Kirk for the purpose of assisting the said John Henry Kirk in the commission and execution of the said offense, if it was committed.”
We find no objections leveled to this portion of the charge.
We shall discuss the authorities upon which the appellant relies. In Browney v. State, 128 Texas Cr. Rep. 81, 79 S.W. 2d 311, this court held that where the principal testified upon the trial and the State also introduced his confession the trial court erred in failing to tell the jury that his confession could not be used to corroborate his testimony. While it is true that the court in that opinion did say, “Statements in the confession of the principal which relate solely to the guilt of the accomplice, and which throw no light on the principal’s actions, should be excluded,” we do find that in both the original opinion and the opinion on rehearing the error upon which the case was reversed was the error in the charge as above set forth, and such case is not therefore authority which will support the appellant’s contention that the admission of certain portions of the principal’s confession constitutes reversible error.
Ex parte Herring, 122 Texas Cr. Rep. 57, 53 S.W. 2d 607, has no application here because Slaughter, whose confession was introduced, was not the principal but was an accomplice, and therefore the above rule had no application.
In Ex parte Suger, 149 Texas Cr. Rep. 133, 192 S.W. 2d [172]*172159, the question before the court was whether the offense was bailable. That case merely reiterates the general rule, set forth above, that the confession of the principal was admissible only to show his guilt and should be limited to that purpose.
In Longoria et al v. State, 159 Texas Cr. Rep. 529, 265 S.W. 2d 826, all the accuseds were principals, and we there again gave application to another general rule to the effect that the confession of one accused would not be admissible against another, which is a far cry from the rule presently under consideration, that is, that since it is necessary to show the guilt of the principal, his confession is admissible for that purpose.
We have been cited no authority, nor are we aware of any, which holds it reversible error for the court to admit portions of the principal’s confession which shows the guilt of the principal and also implicates the accomplice if, in his charge to the jury, they are instructed that such confession may not be used to prove the guilt of the accomplice.
Since the rule quoted above from Branch is supported by many authorities, and we know of none to the contrary, we feel impelled to be bound thereby and overrule the appellant’s contention in this regard.
Finding no reversible error, the judgment of the trial court is affirmed.