Sprague v. State

Where the corpus delicti is proved by direct evidence, but the appellant’s agency as the guilty party is proved only by circumstantial evidence, a circumstantial evidence charge must be given.1 Casey v. State, 523 S.W.2d 658 (Tex.Cr.App.1975); Self v. State, 513 S.W.2d 832 (Tex.Cr.App.1974).

Yet the majority now holds that where only the corpus delicti — but not the appellant’s agency — is proved by direct evidence, a circumstantial evidence charge need not be given. This has never been the law in Texas, and I cannot agree that it should become so now.

In this case the evidence tending to show…