Phillips v. State

I agree with the majority on all points except the critical finding that the giving of the flight instruction was harmful error. Appellant assisted in the robbery of the cab driver: He sat in the front seat of the cab next to the victim while his codefendant sat in the back with a knife on the victim. Appellant also reached under the front seat and opened and examined the contents of the victim’s bag. There was no evidence that appellant’s participation was due to his fear of the other robbers. To the contrary, the State’s two witnesses testified that appellant did not appear to be acting…