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TUCKER v. STATE

No. 43226.

461 S.W.2d 630 (1970)

Robert D. TUCKER, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 27, 1971.

Attorney(s) appearing for the Case

Eddington & Friloux by C. Anthony Friloux, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Jimmy R. James, Asst. Dist. Attys., Harris, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is that of being an accomplice to the crime of murder with malice; the punishment, ninety-nine (99) years.

Appellant's first ground of error is that the jury heard not only that one of the principals had been found guilty, but also that death had been the punishment in this principal's case.

It is axiomatic that it is inadmissible to prove that another, jointly or separately indicted for the same offense...

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