Day v. State

ON appellant’s motion for rehearing.

WOODLEY, Judge.

The trial court erred in his instructions to the jury concerning the testimony of the accomplice witness. This charge reads:

“I instruct you that the witness J. W. Whitton is an accomplice.

“Now, you are instructed that you cannot convict the defendant upon the testimony of said J. W. Whitton alone, unless *618you first believe that his testimony is true, and connects the defendant with the offense charged, and then you cannot convict the defendant upon said testimony unless you further believe that there is other testimony in the case,…