In the Matter of J.B.J., a juvenile--Appeal from County Court at Law No 3 of Montgomery County

State: Texas

Court: Texas Northern District Court

Docket No: 09-01-00382-CV

Case Date: 09/26/2002

Plaintiff: Stephen F. Austin State University

Defendant: Diane Flynn--Appeal from 145th District Court of Nacogdoches County

Preview:Abner Lee Cocke v. The State of Texas--Appeal from
220th District Court of Bosque County
MAJORITY | MAJORITY
IN THE
TENTH COURT OF APPEALS
No. 10-04-00056-CR
Abner Lee Cocke,
Appellant
v.
The State of Texas,
Appellee
From the 220th District Court
Bosque County, Texas
Trial Court No. 03-11-13,695 BCCR
concurring Opinion
Under the authority of Billips, an instruction defining what an accomplice is and a generic accomplice-witness
instruction under article 38.14 should have been given. Billips v. State, 465 S.W.2d 973 (Tex. Crim. App. 1932); Tex.
Code Crim. Proc. Ann. art. 38.14 (Vernon 2005).
Under the authority of Herron, the failure to give the instruction was some harm. Herron v. State, 86 S.W.3d 621 (Tex.
Crim. App. 2002).
I concur in the judgment of the majority.
Any further discussion in the majority opinion about what should have been included in the charge and what the jury
could or could not do based upon its determination of whether Bundrandt or Sneed were accomplices I do not join,
because it is unsupported by the statute (art. 38.14), or the case law, is unnecessary for the disposition of this appeal,
and is merely an advisory opinion which we have no jurisdiction to render.
TOM GRAY
Chief Justice
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Concurring opinion delivered and filed July 13, 2005
file:///C|/Users/Peter/Desktop/opinions/PDFs1/6666.html[8/20/2013 7:21:29 PM]

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