Littles v. State

ON MOTION FOR REHEARING, BY STATE.

The State insists that witness Ellis was not and could not be an accessory because, as contended, he was a domestic servant, and under the terms of Art. 78 P. C. such person can not be an accessory. The State cites three cases, Coleman v. State, 44 Tex. 109; Taylor v. State, 41 Tex. 387, and Douglas v. State, 225 S. W. Rep. 536. We have been unable to locate the Taylor case, supra, and neither of the other two authorities support the proposition that Ellis was a domestic servant. In Coleman’s case two women were washing and ironing for a family, and on the…