Marlo v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of murder, his punishment assessed by the jury at 60 years confinement in the Texas Department of Corrections.

On appeal appellant argued that the trial court erred in failing to instruct the jury that State’s witnesses Charles Pee, Jr., and Rohnie Johnson were accomplice witnesses as a matter of law, or alternatively, in failing to submit the issue to the jury. The Court of Appeals simply ruled that Pee and Johnson were not accomplices, and affirmed appellant’s conviction. Marlo v.…