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

Summary

The Court of Criminal Appeals held that convictions for organized criminal activity may stand even if some alleged members of the charged combination are acquitted, because the statute requires only that a combination of five or more persons exist, not that all five be convicted. Accordingly, it vacated the Court of Appeals judgment and remanded for further consideration of the appellants' remaining points of error.