Liverman v. State

which Keasler, Hervey, Alcala, Richardson, Yeary and Newell, JJ., joined.

We must determine whether a person commits the crime of securing the execution of documents by deception when he files a false mechanic’s lien affidavit with the county clerk. We conclude that such a person does not commit that crime because he does not cause “another” to “execute” a document affecting property or pecuniary interests.

I. BACKGROUND

A. Facts and Trial

Appellants filed mechanic’s lien affidavits in the Denton County Clerk’s Office. These affidavits alleged that appellants had performed “labor and/or…