[DOWNLOAD] "Dan H. Saunders V. State Texas (09/25/91)" by Court of Criminal Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Dan H. Saunders V. State Texas (09/25/91)
- Author : Court of Criminal Appeals of Texas
- Release Date : January 25, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Appellant was convicted of conspiracy to commit arson and his punishment assessed at fifteen years confinement in the penitentiary. The San Antonio Court of Appeals reversed and remanded the cause for a new trial because the jury had not been instructed (1) that "[a] conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed[,]" and (2) that appellants co-defendant was an accomplice as a matter of law. Art. 38.14, V.A.C.C.P. Although appellant made no request for such an instruction at trial, the Court of Appeals held that omission of this charge was egregiously harmful, denying appellant a fair and impartial trial because the State had adduced no corroborating evidence. Saunders v. State, 794 S.W.2d 91 (Tex.App. -- San Antonio 1990). We granted the States petition for discretionary review to decide whether the Court of Appeals correctly applied the harm analysis required by Almanza v. State, 686 S.W.2d 157 (Tex.Cr.App. 1984).