Tucker v. State

OPINION

MORRISON, Judge.

The offense is that of being an accomplice to the crime of murder with malice; the punishment, ninety-nine (99) years.

Appellant’s first ground of error is that the jury heard not only that one of the principals had been found guilty, but also that death had been the punishment in this principal’s case.

It is axiomatic that it is inadmissible to prove that another, jointly or separately indicted for the same offense, has been convicted or acquitted. Bacon v. State, 147 Tex.Cr.R. 605, 183 S.W.2d 177, Barton v. State, 172 Tex.Cr.R. 600, 361 S.W.2d 716.

Another situation is…