Badillo v. State

I must concur in the majority opinion. I write only to urge the legislature to abandon our paternalistic “accomplice witness rule.” See Tex.Code Crim. Proc. Ann. art. 38.14 (Vernon 1979). Pursuant to this rule, “[a] *861conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed.” Id. This is a rule that never found acceptance at common law. See 7 John HenRY Wigmore, Evidence in Trials at Common Law § 2056 (Chad-bourn rev. ed.1978). From this record, one can surmise that it was the potential…