Burns v. State

OPINION

W.C. DAVIS, Judge.

Appellants were found guilty of capital murder. The jury answered the special issues under Art. 37.071(b), V.A.C.C.P. affirmatively, whereupon the court assessed the mandatory penalty of death. Appellants raise sixteen grounds of error. Because we find merit in appellants’ challenge to the jury charge we address only that ground of error.

Appellants argue that the trial court erred in refusing to instruct the jury that one witness, Danny Ray Harris, was an accomplice as a matter of law. The trial court instead presented this issue to the jury as one of fact to be…