Samples v. State

On Rehearing

BRETT, Judge.

In the trial hereon, the defendant made request for only one instruction, which was as to the weight and credibility to be given the testimony of a witness as affected by the fact he had been previously convicted of an offense. The court covered this in his instructions. No other requests were made.

On this rehearing it is urged that the trial court erred in not instructing on the question of Van Buskirk being an *767accomplice of the defendant, Samples. He relies principally upon Sipes v. State, 36 Okl.Cr. 1, 251 P. 511. It is contended that the trial court should have…