Opinion

Beardsley v. State

  • 738 S.W.2d 681
  • 1987 Tex. Crim. App. LEXIS 672
Court
Court of Criminal Appeals of Texas
Filed
Oct 21, 1987
Status
Published
Author
Teague
On the bench
McCormick, Teague, Duncan, Clinton, Onion, Campbell, Miller
Cited by
404 cases

holding that for purposes of the law of parties mere presence of the defendant at the scene of the offense will not support a conviction; but, it is a circumstance which, combined with other facts, may show the defendant was a participant

How later courts described this case

  • holding that for purposes of the law of parties mere presence of the defendant at the scene of the offense will not support a conviction; but, it is a circumstance which, combined with other facts, may show the defendant was a participant
  • holding that circumstantial evidence may be sufficient to show that an accused is a party to an offense
  • Mere presence alone at the scene of the offense will not support a conviction; however, it is a circumstance which, combined with other facts, may show that the defendant was a participant.
  • “[M]ere presence at the scene of the crime is insufficient to prove that a person is a party to the crime . . . .”

Written by the judges who cited it.

The opinion

TEAGUE, J.,

finds that because the Court of Appeals has correctly decided that a rational trier would not find the evidence sufficient, and the theory used by the State was not the exclusive theory, he votes to put this Court’s “improvidently granted stamp” to the State’s petition for discretionary review.

ONION, P.J., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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