Rice v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for conspiracy to commit theft over $10,000. Punishment was assessed by the jury at imprisonment for five years.

Appellant attacks the sufficiency of the evidence to sustain the conviction and contends that evidence of an extraneous offense of arson was improperly admitted in evidence. We reverse on the latter ground.

Jack Marshall testified at appellant’s trial as an accomplice witness. According to Marshall appellant engaged him in a conspiracy to steal insurance proceeds by burning down Wamble’s Department Store in Dallas, which…