Appeals court backs challenge to jury instructions

By: News 12 Staff
By: News 12 Staff

HOUSTON (AP) - The Texas Court of Criminal Appeals has overturned a ruling that upheld a judge's instructions to jurors about to consider the role of a second inmate in a 2007 escape attempt that left a guard dead.

The state's highest criminal court ruled Wednesday in favor of Walker County prosecutors seeking a capital murder conviction against John Falk Jr. He's facing a possible death sentence in the slaying of Wynne Unit Officer Susan Canfield. Canfield was on horseback and thrown after being hit by a fleeing truck.

Falk's trial in Bryan has been on hold as prosecutors argued the instructions only allowed the jury to consider Falk a conspirator and not party to the death. The inmate driving the truck was convicted and sent to death row. Falk was nearby.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


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