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 affirmed James Lee Beathard's capital murder conviction, holding that entry with intent to commit murder satisfies the burglary element, that the accomplice's testimony was sufficiently corroborated, that the indictment was adequate, that the failure to give a no‑adverse‑inference instruction was harmless error, and that the out‑of‑time motion for a new trial was untimely. Justice Teague dissented, arguing that the harmless‑error analysis was incorrect and that the jury should have received the instruction.