Court of Criminal Appeals of Texas
Sylvester Golden, Appellant v. the State of Texas, Appellee
March 17, 19931993 Tex. Crim. App. LEXIS 63
Summary
The Court reversed the Court of Appeals, holding that the trial court erred by refusing to give a jury instruction that mere presence of the defendant with an accomplice is insufficient to corroborate accomplice testimony. The case was remanded for a harm analysis. Justice McCormick dissented, arguing the instruction improperly imports an appellate sufficiency test, while Judges Miller and Campbell each filed concurring opinions addressing the scope and wording of the instruction.