Coston v. State

MORRISON, Presiding Judge.

The offense is burglary; the punishment, two years.

This is the second appeal in this case. In our prior opinion (Coston v. State, 160 Tex. Cr. Rep. 159, 268 S. W. 2d 180), we expressed doubt as to the sufficiency of the evidence to corroborate the testimony of the accomplice. The case now before us is far weaker than on the prior appeal.

The state was handicapped by having to make out its case by a recanting accomplice witness who had a long history of felony convictions. When he testified on direct examination he made out a case against the appellant as a principal…