Bingham v. State

This case turns upon how broadly we interpret Tex.Code Crim.Proc.Ann. art. 38.14. I agree with the majority that “testimony,” as used in art. 38.14, includes the out-of-court statements of an accomplice. In my view, an interpretation of art. 38.14 which limited accomplice testimony to sworn, in-court testimony, would lead to an absurd result in violation of Boykin v. State, 818 S.W.2d 782, 785 (Tex.Cr.App.1991).

I

A brief recitation of the facts is necessary. Peggy McCallum testified that appellant and his wife, Tammy Bingham, stated they planned to burn their trailer home in order to collect…