McNeese v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

The transcript herein has been corrected to show that the exceptions taken to the court’s charge were properly presented and approved by the trial court, and we now consider same.

Appellant excepted to paragraph thirteen of the court’s charge, which is as follows: “You are further instructed that you cannot consider the acts and declarations, if any, by Buster Whitely and Pat Henderson, or either of them, made in the absence of this defendant, for the purpose of proving a conspiracy; but you must find from the evidence, beyond a reasonable" doubt,…