Colunga v. State

OPINION

ON STATE’S AND APPELLANT’S MOTIONS FOR REHEARING

DAVIS, Commissioner.

Both the State and the appellant have filed motions for rehearing.

The State urges that the witness Feliciana Martinez was not an accomplice witness as a matter of law and, therefore, her testimony need not be corroborated by non-accomplice testimony as required by Art. 38.14, Vernon’s Ann.C.C.P. The record reflects that the witness was present at the planning of the crime. The witness, appellant and their companions who entered the store and commited the murder and robbery all went to the scene of the crime in the same…