Cunningham v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

A jury found appellant guilty of murder. The trial court assessed punishment at confinement for life. The Court of Appeals affirmed. Cunningham v. State, 846 S.W.2d 147 (Tex.App.-Austin 1993). We granted appellant’s petition for discretionary review to determine whether the Court of Appeals applied a proper standard in finding that statements against penal interest were not sufficiently corroborated so as to be admissible under Tex.R.CRIm.Evid. 803(24).

On the night of December 3, 1991, appellant and the victim attended a…