State v. Lewis

SWOFFORD, Presiding Judge.

A jury found the defendant guilty of first degree murder and fixed his punishment at life imprisonment. After an unavailing motion for a new trial, he appeals, raising a single point upon which he seeks reversal. He charges the trial court with error in refusing to give his proffered cautionary instruction to the jury covering the testimony of accomplices.

The instruction refused by the trial court was as follows:

“The court instructs the jury that you may convict the defendant on the testimony of an accomplice, if they believe the statements as given by the accomplice…