Oliver v. State

OPINION

ROBERTS, Judge.

This is a companion case to Jackson v. State, 516 S.W.2d 167 (Tex.Cr.App.1974). In a single indictment Jackson was charged with the murder of Billie C. Barnes and the appellant was charged with advising and encouraging Jackson in the commission of the offense. Art. 70, Vernon’s Ann.P.C. (1925).

Jackson was tried first and convicted; his conviction was affirmed by this Court. Jackson v. State, supra. Before the determination of Jackson’s appeal a jury found appellant guilty as charged and assessed his punishment at fifty years’ imprisonment.

The State’s case tended to show…