Crew v. State

SPARLING, Justice.

Appellant was convicted of burglary of a habitation and sentenced to five years’ imprisonment. The evidence to convict was sufficient only if corroborated accomplice testimony was considered. The jury impliedly found that the corroborating witness was not also an accomplice. Appellant challenged, by two motions for instructed verdict, the sufficiency of the evidence to corroborate the testimony of an accomplice. Appellant contends that the court erred by overruling his motions because both fact witnesses were accomplices as a matter of law. We disagree and affirm.

TEX.CODE…