Clark v. State (1953)
In Clark v. State, 159 Tex. Crim. 187, 261 S.W.2d 339, 347 (Tex. Crim. App. 1953) the Court of Criminal Appeals determined that the crime-fraud exception applies to "one who, having committed a crime, seeks or takes counsel as to how he shall escape arrest and punishment, such as advice regarding the destruction or disposition of the murder weapon or of the body following a murder."
In Clark, the court held that the crime-fraud exception included seeking and obtaining advice concerning the destruction of evidence as opposed to an attorney's mere knowledge of a continuing or future crime. Id.