Burow, Jr. v. State

ON rehearing.

April 2, 1919.

MORROW, Judge.

I am not satisfied that there are facts in this ease which would authorize the finding by the jury that appellant was a principal within the meaning of our statute, article 74 P. G. This article, in connection with others following it in the same Chapter, has been, I think, correctly construed in the leading case of Smith v. State, 21 Texas Grim. App., 107 and the cases following it including Simpson v. State, 81 Texas Crim. Rep., 389, 196 S. W. Rep., 835. There are other decisions by this court, notably Tittle v. State, 31 S. W. Rep., 677, and Dawson…