Legal Opinion

Aven v. State

Court of Criminal Appeals of Texas

Decided May 12, 1915No. 3544PublishedCited by 14 opinions

1Opinion of the Court

PRENDERGAST, Presiding Judge.

Appellant was convicted of accomplice to arson and assessed the lowest punishment. The evidence is amply sufficient to sustain the verdict.

The indictment is in the usual form and avers that Hal Beeves was the principal and set fire to and burned a certain house and that the appellant was an. accomplice.

In the trial of an accomplice the statute requires that the evidence must be such as would have convicted the principal. In other words, the evidence must show the guilt of the principal. (P. C., art. 89.) All the authorities hold that any competent evidence to show…

2Cases cited2 opinions

  1. Ortiz v. StateCourt of Criminal Appeals of Texas · 1912
  2. Pinkerton v. StateCourt of Criminal Appeals of Texas · 1913

3Cited by14 opinions

  1. Tucker v. StateCourt of Criminal Appeals of Texas · 1970
  2. Phillips v. StateCourt of Criminal Appeals of Texas · 1948
  3. Newchurch v. StateCourt of Criminal Appeals of Texas · 1938
  4. McKinney v. StateCourt of Criminal Appeals of Texas · 1916
  5. Davis v. StateCourt of Criminal Appeals of Texas · 1918

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