Foster v. State

HARPER, Judge.

— Appellant was indicted and convicted of murder in the first degree and his punishment assessed at imprisonment for life.

Appellant has assigned many errors, but the one chiefly relied on apparently is that the court erred in not instructing the jury as a matter of law that Bill Mitchell was an accomplice, or accessory. It may be conceded that if the evidence, as a matter of law, made Mitchell either an accomplice or an accessory, then his testimony is not cor roborated in material matters. If he is not an accomplice or an accessory, then his testimony, and the testimony of the…