Browney v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In the motion for rehearing counsel *90for the State appears to be in accord with the announcement in the original opinion to the effect that, generally in the trial of an accomplice to an offense, the confession of the principal is not admissible where such principal is a competent witness against the accomplice and testifies, acknowledging his guilt. It is insisted, however, that the confession of Barrow, the principal, became admissible by virtue of the fact that appellant cross-examined him as to certain matters embraced in the confession, and further,…