See Art. 1408, V.A.P.C. (1925 Code). Punishment was assessed by the jury at 75 years' confinement in the penitentiary. This Court previously, see Cain v. State, 551 S.W.2d 728 (Tex.Cr.App. 1977), reversed appellant's conviction for committing the offense of rape of Rubach's female companion because the evidence was deemed insufficient to constitute appellant as a principal to that offense. See also Art. 1183, V.A.P.C. (1925).
See Reid v. State, 474 S.W.2d 702 (Tex.Cr.App. 1972), in which the defendant's driver's license was found in a box of marihuana, but we held the evidence of the affirmative link to be insufficient. The question remains whether the evidence was sufficient to show that appellant was a party to the possession of marihuana. Under the prior penal code the State had to prove that a defendant was actually present at the time of commission of the offense or, if not present, actually engaged in furtherance of a common purpose and design in some other place. Cain v. State, 551 S.W.2d 728 (Tex.Cr.App. 1977); Robinson v. State, 493 S.W.2d 780 (Tex.Cr.App. 1973). While under that code an "accomplice" could not be convicted as a "principal," the new Penal Code has abolished such distinctions.