Court of Criminal Appeals of Texas

James Lee Beathard, Appellant v. the State of Texas, Appellee

March 8, 19891989 Tex. Crim. App. LEXIS 44

Summary

The Court of Criminal Appeals of Texas affirmed James Lee Beathard's capital murder conviction, holding that the indictment was sufficient, the evidence proved the burglary element, the accomplice testimony was properly corroborated, the failure to give a no‑adverse‑inference instruction was harmless error, and the out‑of‑time motion for a new trial was untimely. Justice Teague dissented, arguing that the no‑adverse‑inference error was reversible and not harmless.