Silba v. State

MORRISON, Judge.

The offense is murder; the punishment, life.

Five young men left a bar and encountered a sixth. The sixth was stabbed in the heart and died. Two of the five testified for the state. The court charged that Trevino was an accomplice witness as a matter of law but refused to submit to the jury the question of whether the other, one Guzman, was an accomplice.

The appellant did not testify or offer any evidence in his behalf, and this appeal is predicated upon the alleged error in the court’s ruling as to Guzman.

Guzman, age 16, testified that he met the appellant and his companions…