This article looks to the Texas Court of Criminal Appeals case White v. State. In White, a co-conspirator’s out-of-court statements were used against defendant White through the co-conspirator’s exception to the hearsay rule. The only evidence of this conspiracy was the statement itself. On this basis, the court reversed the trial court’s conviction of White. This established the co-conspirator’s hearsay exception foundation requirement, stating that there must be evidence of a conspiracy that is independent of the potential hearsay evidence. The author questions, what is the standard for this independent evidence?