Roberd v. State

DICE, Judge.

The conviction is for sodomy; the punishment, two years’ confinement in the penitentiary.

The indictment alleged that the offense was committed on or about the 13th day of May, 1954.

*189Evidence that appellant committed the offense is shown by the testimony of the prosecuting witness, Bobby Newland. The court in its charge instructed the jury that the witness, New-land, was an accomplice as a matter of law and therefore his testimony must be corroborated to sustain this conviction.

The witness, Newland, who was seventeen years of age, testified that he became acquainted with the…