Gibbs v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for sodomy; the punishment was assessed by the court at six years.

Four grounds of error are urged by the appellant. The first and second are that the trial court erred by overruling his objection to a failure to instruct the jury that the complaining witness, a 12 year old boy, was an accomplice as a matter of law, 1 and the refusal to give his requested charge to that effect.

The record reflects that objections to the court’s charge and requested charge were dictated into the record. They were not reduced to writing and presented to the…