Dillard v. State

While I thoroughly concur with Judge Douglas’ opinion, I have concluded that these few observations need to be added concerning the test for determining whether one who remains silent about his knowledge of a crime is an accomplice.

In regard to such a determination, this Court has distinguished mere silence or concealment of a crime from overt behavior calculated to aid the defendant to evade arrest or escape prosecution or punishment.

In Tipton v. State, 126 Tex.Cr.R. 439, 72 S.W.2d 290, this Court concluded that the mere fact that a witness falsely denied having knowledge of a crime did not…