Court of Criminal Appeals of Texas
Anthony Dwayne Bingham, Appellant v. the State of Texas, Appellee
December 21, 19941994 Tex. Crim. App. LEXIS 145
Summary
The Texas Court of Criminal Appeals held that out-of-court statements of an accomplice admitted under a hearsay exception constitute "testimony" within the meaning of Article 38.14, requiring a corroboration instruction; therefore it affirmed the Court of Appeals' reversal of the arson conviction. Justice Clinton dissented, arguing the statements are not testimony, while Justice Baird concurred, agreeing with the majority's interpretation.