CAVE v. STATE

No. 30472.

323 S.W.2d 257 (1959)

David Lee CAVE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 4, 1959.


Attorney(s) appearing for the Case

M. Gabriel Nahas, Jr., Houston, for appellant.

Dan Walton, Dist. Atty., Jon N. Hughes and Thomas D. White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

The offense is that of being an accessory to the crime of murder; the punishment, 2 years.

The State relied upon appellant's confession, which recited that he was present when Lumpkin shot Evans and that, following this, "we wound around and dismantled the gun" and "ended up on that street on Almeda by the stables" and "then we turned right across a bridge and Sandy (Lumpkin) threw the chamber and spindle into the bayou."

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