LANE v. STATE - 991 S.W.2d 904 (Tex. App. 1999)

Rule:

A person who is merely present at the scene of the offense is not an accomplice; an affirmative act or omission is required. An accomplice participates before, during, or after the commission of the crime and presence at the scene of the offense is not required, though one is not an accomplice for knowing about a crime and failing to disclose it, or even concealing it.

Facts:

Defendant was convicted of the crime of robbery of an elderly person. During his trial, he requested that the court charge the jury that a woman present during the commission of the crime was an accomplice as a matter of fact. Defendant was convicted based on this woman's testimony and that of his two accomplices. Defendant challenged his conviction.  

Issue:

Did the trial court err in refusing defendant’s request to charge the jury that a woman present during the commission of the crime was an accomplice as a matter of fact? 

Answer:

No.

Conclusion:

The appellate court found that the woman in question was not an accomplice under the law because she did not participate in the crime and there was no statute in Texas requiring that she attempt to stop the crime. Therefore, the woman was merely present and was not an accomplice. Defendant's conviction was affirmed.