Emmett v. State

STEPHENS, Justice.

Barry Patrick Emmett was convicted of murder and sentenced to life imprisonment in the Texas Department of Corrections. On appeal, he asserts eight grounds of error. The sufficiency of the evidence is not challenged. We find the first ground of error dispositive. The cause is reversed and remanded for a new trial.

Emmett contends, in his first ground of error, that the trial court committed reversible error by refusing to submit to the jury the issue of whether or not the witness John Coale was an “accomplice witness.” We agree. A review of the record reveals that, on the…