Barnett v. State

ON STATE’S motion for rehearing.

HAWKINS, Judge.

In a motion for rehearing the state insists that there is evidence aside from the accomplice which tends to connect appellant as a principal with this killing. That he was not present is admitted. Not being present, the record must present, aside from the testimony of the accomplice, evidence which must tend to show that prior to the killing appellant had agreed to or advised it, and that at the time of the homicide was then doing some act in furtherance of the common design, such as keeping watch to prevent interruption of those actually doing…