Court of Criminal Appeals of Texas

Edward Morrow, Appellant v. the State of Texas, Appellee

June 23, 19931993 Tex. Crim. App. LEXIS 135

Summary

The Court affirmed the Court of Appeals' judgment, holding that under Texas Penal Code §36.06 a prospective witness is any person who may testify in an official proceeding and that the statute does not require an official proceeding to have been initiated. The Court reasoned that the ordinary meanings of “prospective” and “witness” support this definition and that the legislature intended distinct protected categories. Justice Clinton, dissenting, argued that the jury charge was erroneous and the evidence insufficient.