Burgess v. State

ON REHEARING.

November 10, 1920.

LATTIMORE, Judge.

In his motion for rehearing, appellant urges with much force, that we erred in holding correct the action of the trial court in refusing to charge on accomplice testimony as applicable to Mrs. Evans, with whom the alleged bigamous marriage was charged, and after a careful examination of the authorities to which our attention is called, we have concluded that appellant’s position is well taken.

It was testified by appellant that before he went to Cleburne with Mrs. Evans, on the day of the alleged bigamous marriage, he informed her that he was…