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.