Flores v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

It is insisted that we were in error in holding competent as witnesses two parties who were prin cipal offenders with appellant in this case, and who had each pleaded guilty to the felony involved, and at the time used as witnesses were in the El Paso county jail waiting for some penitentiary agent to come for them. Appellant urges that the case of Jones v. State, 117 Texas Crim. Rep., 8, 36 S. W. (2d) 736, holds contrary to the cases cited in our opinion, as supporting the proposition that the convict witnesses were competent. We do not understand…