Court of Criminal Appeals of Texas
Elmer Lavaughn Freeman, Appellant v. the State of Texas, Appellee
March 9, 19831983 Tex. Crim. App. LEXIS 930
Summary
The Court reversed Freeman's conviction for theft, holding that the circumstantial evidence was insufficient to prove he was a party to the offense under Penal Code §7.02(a)(2). The decision rests on the requirement that appellate review of circumstantial evidence must ensure proof beyond a reasonable doubt, and a concurrence agreed with the result while emphasizing the proper standard of review.