LaPena v. State

Justice Batjer and I believe that the record before us lacks evidence which, in the legal sense, “corroborates” the accomplice testimony adduced against appellants LaPena and Maxwell. Accordingly, we would reverse the district court’s order denying them habeas relief, and order appellants discharged unless the State, believing further evidence of a legally corroborative character to be available, should elect to re-charge them within a specified period of time.

Prefatory Comment

To obtain evidence to charge appellants Frank LaPena and Rosalie Maxwell as principals in the robbery of Marvin and…