W.s. Barber, B.s. Barber, and Jean C. Brown, Appellants v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas vacated the Texas Court of Appeals' judgment and remanded for further consideration, holding that convictions under the organized criminal activity statute (Penal Code §71.02) can stand even when other alleged members of the charged combination are acquitted, because the statutory combination requirement is satisfied by the five named defendants. The Court reviewed the sufficiency of the evidence de novo against the jury charge and found it sufficient to support the convictions of W.S. Barber, B.S. Barber, and Jean C. Brown. A dissenting opinion argued that the majority misinterpreted the statutory requirements and would have reversed the convictions.