Ratcliff v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant urges again that the evidence shows he was a principal offender in the robbery and could not, therefore, he convicted under the present indictment charging him as an accomplice to robbery, — or at least that the evidence raised the issue as to whether he was such principal, — and that the court should have told the jury by appropriate instructions that if they found he was such principal to acquit him under the present indictment. The reported cases upon the subject are drawn on such close lines under the facts of each particular case that…