Jones v. State

RAMSEY, Judge.

We have been convinced by the argument filed in behalf of appellant in his motion for rehearing that we were in error in affirming this case. There was, as stated in the opinion, some evidence that the witness Brandon was an accomplice, and sufficient evidence to make this an issue before the jury. True, it would remain for them to determine whether he was an accomplice or not. If they should have concluded that he was not ‘an accomplice, then undoubtedly the evidence was sufficient to sustain the conviction. If on the other hand they should have believed, under a fair…