This section contains the nature of the case and procedural background.

Washington (D) was an 18-year-old youth that was upset his girlfriend was dating another. D and several other boys began driving around Dallas looking for a gun. They found Fuller and his shotgun. After obtaining shells from another source, they went to the girlfriend's house, bravely threw bricks at the house, and then left the scene leaving Fuller and D alone in front of the house with a shotgun. Upon hearing the bricks, the girl's mother and boyfriend ran outside to see what was wrong and the boyfriend was shot by the shotgun and died. Either the gun was fired by Fuller or D. D testified that he did not do it. Fuller had been previously convicted for the crime and as such was unable to take the stand to corroborate D's testimony. Fuller was the only person other than D who knew who shot the gun and whether or not D attempted to get Fuller to leave and prevent the shooting. Fuller was not allowed to testify based on a Texas statute that would not permit persons charged or convicted as coparticipants in the same crime to testify for one another. D wanted to call Fuller to the stand to substantiate D's version of the events leading up to the homicide. Fuller was already serving a 50-year sentence for commission of the same crime. The State objected, and D was not allowed to call Fuller to the stand. D was convicted and appealed.

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