context: Thus, the complainant's testimony was circumstantial evidence of appellant's guilt as a party to aggravated robbery. However, under these circumstances, we conclude that unchallenged direct evidence provided by a criminal cohort is "clearly" more persuasive to a jury than challenged circumstantial evidence.
citation_a.signal: see
citation_a.identifier: 25 S.W.3d 808, 808
citation_a.parenthetical: although State offered documentary circumstantial evidence of defendant's participation in theft, only non-testifying cohort's statement implicated defendant through "eye-witness evidence," causing unchallenged accusation to be more persuasive than records
citation_a.sentence: See Muttoni, 25 S.W.3d at 808 (although State offered documentary circumstantial evidence of defendant’s participation in theft, only non-testifying cohort’s statement implicated defendant through “eye-witness evidence,” causing unchallenged accusation to be more persuasive than records); see also Mendez, 56 S.W.3d at 893 (although “considerable circumstantial evidence” linked defendant to crime, non-testifying co-defendant’s direct allegation that defendant planned murders, provided weapons, entered victims’ house, and fired gun was more persuasive to jury). Accordingly, we conclude the admission of Hunter’s statement probably did contribute to his conviction.
citation_b.signal: see also
citation_b.identifier: 56 S.W.3d 893, 893
citation_b.parenthetical: although "considerable circumstantial evidence" linked defendant to crime, non-testifying co-defendant's direct allegation that defendant planned murders, provided weapons, entered victims' house, and fired gun was more persuasive to jury
citation_b.sentence: See Muttoni, 25 S.W.3d at 808 (although State offered documentary circumstantial evidence of defendant’s participation in theft, only non-testifying cohort’s statement implicated defendant through “eye-witness evidence,” causing unchallenged accusation to be more persuasive than records); see also Mendez, 56 S.W.3d at 893 (although “considerable circumstantial evidence” linked defendant to crime, non-testifying co-defendant’s direct allegation that defendant planned murders, provided weapons, entered victims’ house, and fired gun was more persuasive to jury). Accordingly, we conclude the admission of Hunter’s statement probably did contribute to his conviction.