Newsom v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

The State has filed an elaborate motion for rehearing in which it contends that we erred in holding the State’s witness Finley to be an accomplice as a matter of law. We have again reviewed his testimony, the material and pertinent parts of which are correctly set out in the original opinion, and are firmly convinced that Finley, by his testimony, has shown himself to be an accomplice as a matter of law.

In the case of Johnson v. State, 58 Tex. Cr. R. 244, a question similar to the one under consideration was presented. In that case it appears that some…