Jones v. State , 387 S.W.2d 408 ( 1965 )

MORRISON, Judge

(dissenting).

I respectfully dissent to the reversal of this conviction. It is not a defense to crime that one criminal has instructed or advised or encouraged his confederate to commit the crime. Appellant admitted that he and J. E. Craft worked together in giving bad checks, and one of them, which formed the basis of this prosecution, was signed J. E. Kraft and was admittedly written by appellant, who stated that “I think I signed it under his instructions.” No J. E. Kraft was known in the county of this ■prosecution, and J. E. Craft was shown to be in the Dallas jail. A man named Craft (as he was known to appellant’s father) has no authority to instruct his confederate in crime to utter a spurious instrument bearing the name Kraft and then claim that it is a worthless check instead of a forgery.

I respectfully dissent.