Saunders v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

BENAVIDES, Judge.

Appellant was convicted of conspiracy to commit arson and his punishment assessed at fifteen years confinement in the penitentiary. The San Antonio Court of Appeals reversed and remanded the cause for a new trial because the jury had not been instructed (1) that “[a] conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed[,]” and (2) that appellant’s codefendant was an accomplice as a matter of law. Art. 38.14, V.A.C.C.P.…