Yarber v. State

The judgment of the Court of Criminal Appeals is reversed. The opinion of that court affirmatively shows that the evidence was disputed whether Miles was an accomplice. We can appreciate how the Court of Criminal Appeals arrived at its determination, as a matter of law, that Miles was an accomplice because this is a bizarre case. Yarber and Miles, alternatively, as the opinion shows, try to pin the offense on the other.

Yarber was tried first. During his trial, which is the one we are now reviewing, Miles put all the blame on Yarber. Miles was later tried. At Miles' subsequent trial, Yarber,…